SRI DHIRENDRANATH SWAIN Vs. HADI RAUL

JUDGEMENT

(1.) LEARNED Counsel for the Petitioner is present. None appears for the opposite party.

(2.) HEARD learned Counsel for the Petitioner and the revision is disposed of in the following manner:

(3.) TIME and again this Court has said in several reported and unreported decisions that to decide the factum of possession with a view' to avoid apprehension of breach of peace and to maintain public tranquility in the locality a proceeding under Section 144, Code of Criminal Procedure is inappropriate and if the requirement of Sub -section (1) of Section 145 Code of Criminal Procedure is satisfied then proceeding under Section 145, Code of Criminal Procedure is the appropriate course which should be resorted to. Learned Executive Magistrate has failed to follow the law in the aforesaid manner for no good reason. Apart from that, learned Magistrate should have remained conscious of the position of statutory law in Sub -section (4) of Section 144, Code of Criminal Procedure and should have refrained from passing the impugned order on 25.2.1997 i.e. after expiry of the period of two months from the date of prohibitory order under Section 144 (1) Code of Criminal Procedure passed on 17.12.96. Need less to say that the said order having no sanction of law was passed without jurisdiction.