RAM NATH CHOWDHRY Vs. EMPEROR

JUDGEMENT

(1.) The question referred to us is, whether an order under Section 144 of the Code of Criminal Procedure is bad because it does not state that its operation is confined to two months, or some shorter period, from the making thereof.

(2.) It appears to me that there can be no question as to the answer to be given to this inquiry. Under the provisions of Clause (5) to Section 144 of the Criminal P. C. it is clear that an order under Section 144 only enures for a period of two months, and, therefore, unless there is something in the order which shows that it is intended that the order should remain in force for more than two months, it must be presumed that the order is to be limited to the period of two months specified in the Code. There is no necessity to state in the order that such an order shall remain in force for two months only.

(3.) Then, it is clear that the order in this case was passed in accordance with Form XXI of Schedule V of the Criminal P. C., and, under Section 555 of that Code, this is sufficient. I would, therefore, answer the question put to us in the negative.