LOKENDRA LAL PAL CHOUDHURY Vs. EMPEROR

JUDGEMENT

(1.) This is a reference under Section 438 of the Criminal P. C..

(2.) A motion was made on December 10, 1934, and the Sub-Divisional Officer of Madaripur, summoned the petitioner Lokendra Lal Pal Choudhuri under Section 188 of the Indian Penal Code, for not obeying an ex parte order of injunction made by the Deputy Magistrate on October 12, 1934, under Section 144 of the Criminal P. C.. The Sub-Divisional Officer also started a proceeding under Section 107 of the Code against the petitioner, because he apprehended that the petitioner would commit a breach of the peace regarding a Jetty which was the subject-matter of dispute in the proceedings under Section 144, Criminal Procedure Code.

(3.) The Sessions Judge recommends that all the three orders should be set aside. The first order under Section 144 was that the petitioner should remove the Jetty which had been already completed on October 5, 1934. This order the Sessions Judge considers illegal and we agree with him.