SANKARSAN NATH Vs. SACHIDANANDA DAS

JUDGEMENT

(1.) THERE is a dispute in respect of a particular piece of land in village Kujang between Sachidananda Das and Krupasiudhu Patra. In Criminal Misc. Case No. 96 of 1967 in the Court of the S.D.O., Jagatsinghpur, Sachidananda (first party) obtained an ex parte order on 26.6.1967 under Section 144(2), Criminal Procedure Code, against Krupasindhu Patra (2nd party) who was called upon to show cause by 16.8.1967 as to why the order should not be made absolute. The order was served on Krupasindhu Patra on 31st July 1967 at 11 a.m. Sankarsan Nath, the gumastha of Krupasindhu, filed an application under Section 144, Criminal Procedure Code, before the same S.D.O. in Criminal Misc. Case No. 97 of 1967 on 31.7.1967. The learned S. D. O. again passed an ex parte order under Section 144(2) against Sachidananda and his father Adwait Charan Das calling upon them to show cause by 16.8.1967 as to why the order should not be made absolute. Thus, Sachidananda and Krupasindhu were restrained from going upon the disputed land in Cri. Misc. Cases Nos. 96 and 97 of 1967. On 2.8.1967 Sachidananda and his father moved a petition before the S.D.O., for vacating the prohibitory order passed against them in Cri Misc. No. 97 of 1967. The S.D.O. directed the matter to be taken for hearing on 10.8.1967 after notice to Sankarsan. Sachidananda and his father without waiting till 10.8.1967, moved a petition before the Additional District Magistrate (Executive), Cuttack, in Cri. Misc. Case No. 52 of 1967 for altering or rescinding the ex parte order dated 31.7.1967 passed against them in Cri. Misc. No. 97 of 1967 by the S.D.O. The learned Additional District Magistrate by his order dated 3.8.1967 suspended the operation of the order dated 31.7.1967 passed against Sachidananda and his father. The criminal revision is filed against tin's order of the A.D.M.

(2.) UNDER Section 144(6), Criminal Procedure Code, no order under Section 144, Criminal Procedure Code, shall remain in force for more than two months from the. making thereof except in cases mentioned, therein. Two months have already lapsed. The order under Section 144 is no longer in force. That apart, in Title Suit No. 175 of 1967 in the Court of the Munsif, Second Court, Cuttack, instituted by Adwait Charan, Das against Krupasindhu Patra, an injunction order has been passed in favour of Adwait Charan Das on 18.8.1967 restraining Krupasindhu Patra from going upon the land. As the injunction order is in force, there is no further apprehension of breach of the peace. The criminal revision has thus become infructuous. Ordinarily, the criminal revision would have been dismissed without further hearing.

(3.) THIS necessitates an examination of the scope of Section 144(4), Criminal Procedure Code, which runs thus : -