JOGENDRA LAL PAL Vs. SHEIKH ANJU

JUDGEMENT

(1.) THIS Rule was issued on the District Magistrate of Dacca and upon the opposite party, Sheik Anju, to show cause why the order passed by the Deputy Magistrate of Munshigunge, on 14 December 1933, purported to be made under Section 143, Criminal P.C., should not be set aside. On the materials placed before as, we have no hesitation in coming to the conclusion that the Rule should be made absolute on the grounds on which it was issued, viz., that the order passed by the Magistrate under Section 143, Criminal P.C., without drawing up a proceeding, without taking evidence, and without giving an opportunity to the petitioners to substantiate their case, is wholly without jurisdiction and illegal; and further that the order made by the Magistrate under Section 143, Criminal P.C., without an adjudication about the existence of the public nuisance as contemplated in the section by a competent Court is bad in law and illegal. It does not appear to us, from the judgment recorded by the Magistrate in this case or from any materials placed before us that the proper procedure to be followed in a case of this description was followed by the Magistrate before passing final orders in the case. In the above view of the case, the Rule is made absolute, and the order passed by the Magistrate under Section 143, Criminal P.C., on 14 December 1933 is set aside.