BASANTA KUMAR DALAI Vs. B DASMOHAPATRA

JUDGEMENT

(1.) THE petitioners question correctness of the order dated 19 -2 -1983 passed by the Executive Magistrate, Bhubaneswar holding that there was no contravention or violation of any order passed by him and therefore, the petition filed for initiation of an appropriate proceeding Under Section 188 of the Indian Penal Code, 1860 (in short 'IPC') for violation of the order did not merit consideration.

(2.) THE factual position is almost undisputed. On the basis of a petition filed by the petitioners, an order Under Section 144 of the Code of Criminal Procedure, 1973 (in short 'the Code') was passed on 3 -6 -1987. Subsequently, a proceeding Under Section 145 of the Code was initiated on 27 -7 -1987. The allegation is that on 22 -8 -1987 notwithstanding the order passed Under Section 144 of the Code, there was change in the nature and character of the disputed land as a cabin was put up by the opposite parties herein The petitioners filed an application for initiation of a proceeding under Section 188, IPC for such violation. According to the petitioners; notwithstanding initiation of proceeding Under Section 145 of the Code, prohibitive order Under Section 144 continued to hold the fort. The opposite parties however, submit that after initiation of proceeding Under Section 145, any anterior order had no effect, and even if it is accepted that the opposite parties have changed the nature and character of the disputed land, there was no violation.

(3.) AN order Under Section 144 does not remain in force for more than two months from the making thereof, provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate Under Section 144 shall remain in force for such further period not exceeding six months from the date of the order made by the Executive Magistrate.