WANGKHEIMAYUM KULABIDHU SINGH Vs. STATE,

JUDGEMENT

(1.) THIS is a revision against the conviction and sentence of the petitioners in Criminal Case No. 44 -B of 1960 and in Criminal Appeal No. 48 of 1960, by the Sessions Judge under Sections 188 and 143 I.P.C. The sentences of one month's S.I. under Section 188 I.P.C. and six months' R.I. under Section 143 I.P.C. were reduced by the appellate Court to 15 days S.I. and 2 months' R.I. respectively.

(2.) NOW in revision, it is contended that the order under Section 144 Criminal Procedure Code was not duly promulgated and hence there was no violation of the said order and so no offence under Section 188 I.P.C. was committed and further that even granting that there was proper promulgation of the order under Section 144 Criminal Procedure Code, it was not proved by the prosecution, that the violation of the order caused or tended to cause annoyance to any person lawfully employed and hence the petitioners were wrongly convicted under Section 188 I P.C. It was also pointed out that as the violation was said to have been only by the 3 petitioners, there was no question of any unlawful assembly and the conviction under Section 143 I.P.C. was in any case, illegal.

(3.) THE facts are as follows: The District Magistrate had promulgated an order under Section 144 Criminal Procedure Code on 25.4.1960. Portions of the said order were set aside by this Court in Criminal Miscellaneous Application No. 11 of 1960 dated the 14th day of May, 1960 Thokchom Angou Singh v. Union Territory of Manipur, AIR 1961 Manipur 12, Thereafter a fresh order under Section 144 Criminal Procedure Code - Ext. A/4 was issued by the District Magistrate on 15.5.1960 directing the public of Imphal to abstain from various acts including participation, organising, or attempting to organise any demonstration or meeting or procession or picketing or shouting of slogans or delivering speeches etc. This order was issued in order to check the illegal activities of certain political parties and groups of individuals who were carrying on agitation for the establishment of responsible Government in Manipur. The petitioners herein were among the agitators and the first petitioner was a member of the Praja Socialist Party which was taking part in the agitation. They were aware of the order Ext. A/4 and in spite of it they had decided to carry on the agitation.