BACHURAM KAR Vs. STATE

JUDGEMENT

(1.) The three petitioners in this case were convicted under Section 188, Penal Code and sentenced each to pay a fine of Rs. 25/-, in default to suffer rigorous imprisonment for one month.

(2.) The disobedience charged related to an order under Section 144, Criminal P. C. which had been made on 24-8-1954 by Sri B. N. Poddar, a Magistrate of the First Class, Uluberia. In the absence of the Sub-Divisional Magistrate, Sri Poddar was in charge that day of his file and in that capacity made the ex parte order requiring the petitioners not to enter the disputed land or disturb the possession of one Annada Prosad Dalui and others, who were the first party, to the proceedings. The dispute related to possession of a portion of plot No. 2844 of khatian No. 299 in mouza Kankrole. The order was served on the petitioners on 26-8-1954 and on the very next day, it was alleged the petitioners trespassed upon the land in violation of the order. On 30-8-1954 an application was filed by Annada Prosad Dalui in the Court of the Sub-Divisional Magistrate of Uluberia complaining of disobedience to the order which had been promulgated on the 24th. After a preliminary inquiry it having appeared to Sri B. N. Poddar that the order he had made on 24-8-1954 had been disobeyed, a complaint was filed against the petitioners under Section 188. Penal Code and they were eventually tried before another Magistrate of the First Class who in the end convicted and sentenced the petitioners as stated above.

(3.) The petitioners pleaded innocence and the defence was that the order was not a proper order and that it had not been duly promulgated. The learned Magistrate negatived these contentions and found the petitioners guilty who thereafter applied to this Court and obtained the present Rule.