RAMA BARIK Vs. EMPEROR

JUDGEMENT

(1.) These two applications in revision are directed against two orders of the Subdivisional Magistrate of Jajpur, one under Section 144, Criminal P.C., dated 30 May 1938 and the other dated 29 July 1938 directing that a complaint be made against the petitioners for their prosecution under Section 188, I.P.C. It appears that the proprietor of the Madhupur estate had for about two years a hat, in mauza Kainchi, called Madhuban Hat. It was being held on Wednesdays and Saturdays. No toll was levied on the shopkeepers who exposed their goods for sale in the hat. On 5 April 1938 the proprietor leased it out for Rs. 650 and for the first time toll was collected in it on 9 April 1938.

(2.) This seems to have been resented to by the villagers of the locality who started a rival hat adjacent to the Madhuban Hat on a land belonging to a deity installed in the village of which the petitioners are the marfatdars or managers. The rival hat was held for the first time on a Wednesday. There was no police report of any apprehension of breach of the peace but a complaint was made to the Subdivisional Magistrate of Jajpur who oalled upon the petitioners to show cause why an order under Section 144, Criminal P.C., would not be passed against them. They appeared and showed cause. The learned Magistrate thereafter held a local enquiry, examined some witnesses on 30 May 1938 and bolding that there was a likelihood of breach of the peace if the rival hat was allowed to be held, passed an order under Section 144, Criminal P.C., against the petitioners restraining them from holding the hat and calling upon them to prevent the sitting of the hat on their lands by withdrawing his (their) consent which they have given to the villagers for the holding of the hat on Wednesdays and Saturdays.

(3.) The petitioners moved the District Magistrate of Cuttack under Section 144(4), Criminal P.C., but the learned Magistrate declined to interfere and rejected the application on 8 August 1938. Criminal Revision No. 82 of 1938 is directed against this order. The order under Section 144, Criminal P.C., referred to above, was affixed in front of the house of the petitioners and was also promulgated by beat of drum. The contents of the proceeding were explained by the Sub-Inspector of Police on the spot. The Sub-Inspector of Police reported on 13 June 1938 that the new hat continued to be held within the prohibited area and that the order under Section 144, Criminal P.C., was disobeyed. The petitioners were called upon to show cause against their prosecution under Section 188, I.P.C.