MOOLESH JAIN Vs. IMUMUDDIN ANSARI

JUDGEMENT

(1.) Criminal Revision Cases Nos. 731 of 1967 and 732 of 1967 are at the instance of the same petitioner who is the Chief Administrative Officer of M/s. New Central Jute Mills Co. Ltd., having its factory at Budge Budge, 24-Parganas. The opposite parties are workmen employed in the same Mills, this judgment.

(2.) Both these cases are disposed of by

(3.) Criminal Revision Case No. 731 of 1967 arises out of an application under Section 144 of the Code of Criminal Procedure alleging that the opposite parties workers formed themselves into an unlawful assembly and wrongfully confined and restrained several management personnel of the Mills and did not allow them to move. During confinement, the officers were subjected to insult, maltreatment and cruelty in various ways. The Officer-in-charge of Budge Budge police station was contacted but no assistance was made available. An application was then filed before the Magistrate at Alipore and he issued a search warrant for recovery of the confined officers. Pursuant to the Magistrate's order, the police party came to execute the order for rescuing the officers confined but the opposite parties became rowdy and did not allow the police party to execute the search warrant or rescue the officers confined. At about 1.30 in the morning, the police party reappeared on the scene along with the Sub Divisional Magistrate and Additional Superintendent of Police, 24 Parganas and a big police force and only thereafter these Officers were rescued in execution of the Magistrate's order. Since then, the opposite parties have been collecting at the Mill site in riotous moods and openly giving out threats of violence and mischief and the petitioner apprehends that unless they are restrained by an order under Section 144 of the Code of Criminal Procedure they are likely to commit violence to the Officers and workers willing to attend, and mischief to the properties of the company. The petitioner, therefore, prayed that a proceeding under Section 144, Criminal Procedure Code might be drawn up restraining the members of the opposite party from creating disturbance at the Mill site, wrongfully confining members of the staff and obstructing the staff and the willing workers from entering the Mills. The petitioner also prayed that in view of the emergency, action might be taken under Sub-section (2) of Section 144 Cr. P. C. Orders of restraint might be passed ex parte.