RABIN ROY CHOUDHURY Vs. STATE

JUDGEMENT

(1.) Dalhousie Institute is a registered society under Societies Registration Act, 1960 having its registered office and club house at 42, Jhowtala Road within Police Station Karaya, Calcutta. The institute is established to promote literary and scientific improvements of its members by means of lecutures, library reading room and such other resources as may from time to time, devised and various other activities. Under the rules and by laws of the Institute, the Annual General Meeting is held each year not later than 15th July as may be fixed by the Council of the Institute. The Council fixed 27th Oct. 1981 for holding the Annual General Meeting. Only permanent members and life members are entitled to be present at the Annual General Meeting of the Institute and vote.

(2.) The Dalhousie Institute, represented by its Honorary Secretary, Mr. Robin Roychowdhury, filed an application under S. 144, Cr. P.C. in the First Court of Executive Magistrate at Alipore praying for drawing up of a proceeding under Section 144(2), Cr.P.C. against one Roy George Monthosh and Charles Montosh on the allegations which may, in substance, be stated as follows. The said Mr. George Montosh and Charles Montosh are associate members of the Institute and are not entitled to be present in the Annual General Meeting and to vote. For some time past, they along with their family members and associates have been indulging in illegal acts and creating various sorts of unlawful distubrances so that the management would not be able to hold the Annual General Meeting of the Institute, on the scheduled date. They have been threatening the management with dire consequences in case the management holds the Annual General Meeting on the Scheduled date. By a letter dated 24th Oct. 1991, the Institute reported the matter to the local police station. By such wrongful acts they are likely to cause obstruction, annoyance, injury or danger to human life, health or safetty or disturbance of the public tranquillity or a riot or an affray. The situation has become so grave and tense that speedy remedy is desirable.

(3.) On such allegations, the institute prayed before the Executive Magistrate for a direction under Section 144(2) , Cr.P.C. upon the said two opposite parties to abstain from indulging in acts of violence, illegal acts and unlawful disturbances at the time of holding of the Annual General Meeting of the Institute on the scheduled date and also from restraining permanent life members from attending Annual General Meeting and also for a direction upon the O.C. of the local police station to render police assistance by posting police pickets and also to see on obstruction is caused in holding of the Annual General Meeting on the Scheduled date at the scheduled place.