KHIROD CH SAHU Vs. EXECUTIVE MAGISTRATE CUTTACK

JUDGEMENT

(1.) The first party members are the petitioners. They have challenged the notice dated 22-1-1996 issued by the Executive Magistrate, Cuttack, relating to initiation of a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the "Code") numbered as Criminal Misc. Case No. 71 of 1996.

(2.) Prior to initiation of the present proceeding under Section 144, the very same Executive Magistrate had initiated Criminal Misc. Case No. 1131 of 1995 under Section 144 of the Code in respect of the very same property wherein an order was passed on 9-1-1996 finally restraining both the sides. Subsequently, in the very same case, order was passed on 15-1-1996 rescinding a part of the final order dated 9-l-1996 which was challenged in Criminal Revision No. 17 of 1996, which has been disposed of by me today. The order in Criminal Misc. Case No. 1131 of 1995 was to expire on 23-1-1996, as observed by the Executive Magistrate himself in order dated 9-1-1996 in the said case. While the matter stood thus, the Executive Magistrate issued another notice under Section 144(2) of the Code in respect of the very same property calling upon the parties to show cause. The aforesaid notice is under challenge.

(3.) Mr. Palit, the learned Senior Counsel appearing on behalf of the petitioners, submits that under Section 144 of the Code, the Magistrate is not empowered to extend the duration of his own order by passing successive 144 orders.