JAGADINDRA KISHORE DEV BARMA Vs. ARDHENDU PAL

JUDGEMENT

(1.) ON a petition filed by Jagindra Kishore against the Opposite Party Ardhendu Pat and Sudhendu Pal, that the latter were running their Rice and Atta Mill in a manner as to cause annoyance to him, Shri A, Bhattarcharjee, Magistrate, 1st class, Sadar registered it under Section 144, Cr. P. C., and issued warning notice to the opposite party asking them to show cause on or before 24 -11 -53. The opposite party submitted their statement, objecting to the above order. After hearing arguments on behalf of both parties Who were represented by their Counsel, the learned Magistrate rejected the petition; finding that it was not a proper case under Section 144, Cr. P. C., and holding that the second party is in possession of their Mill in running condition and there is no apprehension of breach of peace unless the first party goes to stop the Mill possessed by the second party.

(2.) ON a motion filed by the petitioner the learned Sessions Judge has referred the case to this Court under Section 438, Cr. P. C., for setting aside the rejection order of the Magistrate with direction to hear the petition afresh, considering that the learned Magistrate only considered the petition from the standpoint of apprehension of peace and not for annoyance and danger to the health of the petitioner. The other ground of the petitioner that the Magistrate did not allow him to adduce evidence was ruled out by him.

(3.) ORDERS under Section 144, Cr, P. C., are always passed as a temporary measure in urgent cases of nuisance or apprehended danger. The very fact that the Mill has been running for the last 4 years or so is sufficient to take away from the case its urgent character. The petitioner has been doing what he is legally entitled to do. The legal right of the petitioner ought not to have been restricted by such proceedings when there was no apprehension of breach of peace as found by the learned Magistrate and also no urgent case of nuisance was made out.