NILIMA BHATTACHARYA Vs. STATE

JUDGEMENT

(1.) One Mrs. Prova Agarwal filed an application under Sec. 144(1) Cr. PC praying for an order of restraint against the three petitioners. On that application, the learned Executive Magistrate, Alipore, called for a report from the local police station and pending receipt of such report, passed the following interim order :

(2.) The only point that has been urged in support of the Rule is that the above quoted interim order is not a valid order as it has not been passed in accordance with Sec. 144 (2) Crimial P.C. anal disobedience thereof will not amount to an offence under Sec. 188 I.P.C. In support of the contention, reliance has been placed upon a judgment of this Court in the case of Bachuram Vs. State, reported in AIR 1956 Calcutta 102 wherein it has been observed as follows :

(3.) Under Sec. 144(1) Cr.P.C an Executive Magistrate may direct a person to abstain from a certain act when he forms an opinion that such direction is likely to prevent obstruction, annoyance or in jury to any person lawfully employed and for so doing he has to record an order stating the material facts of the case Under Sec. 144(2) Crimial P.C. such an order can be passed ex parte in cases of emergency or in other cases as mentioned therein.