CHHATAR SINGH Vs. SUBASH CHANDRA PANDA

JUDGEMENT

(1.) A question of seminal importance revolving round interpretation of the expression 'two months' as appearing in Sub -section (4); of Section 144 of the Code of Criminal Procedure, 1973 (in short, 'Cr PC') falls for adjudication in this case. According to the petitioners, the expression means sixty days; while the opposite party emphasised that it means two calendar months and not sixty days. The latter's stand having been accepted by the courts below the present, application has been filed.

(2.) THE dispute has arisen in the following background. An order was passed by the Executive Magistrate, Bargarh in Criminal Misc. Case No. 262 of 1992 on 23 -7 -1992 exercising power under Section 144, Cr PC. On 22 -9 -1992 it was felt by him that circumstances warranted resort to action under Section 145, Cr PC, and accordingly order was passed. Petitioners' stand is that after expiry of sixty days, such an order could not have been passed.

(3.) VALIDITY of the order dated 22 -9 -1992 on other grounds was assiled. Since that was not subject -matter of adjudication by learned Additional Sessions Judge, I have not considered those pleas. Learned counsel for the parties agree that an early disposal of the proceeding would be in the interest of all concerned. The Executive Magistrate would do well to dispose of the proceeding as expeditiously as practicable, preferably before 1995 sets in. The application is accordingly disposed of.