A THOMSON Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule on the District Magistrate of the Manbhoom to show cause why the order of the Sub-Divisional Magistrate of Gobindpur, dated the 22 July, 1908, directing one Mr. Thomson not to sink a certain pit should not be set. aside.

(2.) It appears that on the 2 July, 1908, the Sub-Divisional Magistrate issued an order to Mr. Thomson and another directing them not to proceed further with the sinking of the pit and the order ends up with the words "cause to be shown on the 16 July 1908 against this order." Cause was subsequently shown, and finally the order complained of was passed on the 22nd July.

(3.) It appears to us, however, perfectly clear that the order of 2 July, was an order under Section 144, Criminal Procedure Code, and the Sub-Divisional, Magistrate had no (sic) to extend the period of two months prescribed by that section by repeating the order on the 22 July, 1908. The operation of the order, therefore, expired on the 2nd September, 1908, and to-day being the 15 of the same month, no further orders are necessary.