BENOWARI LAL RAM Vs. PRONAB KRISHNA MAJUMDAR

JUDGEMENT

(1.) This Rule was issued against the orders, dated the 30 December 1921 and 4 January 1922, passed by the Sub-Divisional Magistrate of Berhampur under Section 144, Criminal Procedure Code, on the grounds mentioned in the petition, viz., that the orders are ultra vires, illegal and beyond the scope of Section 144, Criminal Procedure Code.

(2.) The facts of the case are that there is an old hat at a village Islampur, belonging to the opposite party, which is held on every Monday, and attended by, among others, the people of Chak Harharia. Some difference arose between the opposite party and the people of the Chak, and these petitioners started a hat in the Chak which was held on Sunday, the 25 December 1921, at a place. near the Local Board road. It appears from the Police report that on hearing that the new hat was being held, the opposite party sent their men to the place, and there was a serious fighting between the parties which resulted in the starting of criminal cases under Section 147, Indian Penal Code. On the 29 December 1921 the Police reported the above facts to the Sub-Divisional Magistrate and invited proper orders, whereupon the Sub- Divisional Magistrate issued an order under Section 144, Criminal Procedure Code, in these terms: Whereas I have been informed that there is an apprehension of a serious breach of the peace between the above mentioned parties within the boundaries given below, I do hereby, under Section 144, Criminal Procedure Code, pass this order of injunction prohibiting any person from going to buy or sell in the said place, otherwise he should be dealt with according to law.

(3.) The petitioners then shifted the hat to a different plot of land but in the same village. The Police again reported that the petitioners, the second party, were holding the hat at another place and that "the first party is trying to prevent the sitting (holding) at the hat in the village Chak Harharia." Thereupon the Magistrate passed another order on the 5 January 1922, in the following terms: Whereas I have been informed that there is an apprehension of a breach of the peace between the above-mentioned parties regarding holding of a hat by the opposite party in Chak Harharia as per boundary given below,--it is hereby prohibited, under Section 144, Criminal Procedure Code, that no person should go to sell or buy any articles in the Chak Harharia, otherwise they will be dealt with according to law, dated this the 5 January 1922.