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Sujal Biswas and anr. Vs. SamiruddIn Mandal - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.515
AppellantSujal Biswas and anr.
RespondentSamiruddIn Mandal
Excerpt:
criminal procedure code (act v of 1898), section 144, disobedience of order under - penal code (act xlv of 1860), section 188. - .....code, has been directed. the order, which it is said has been disobeyed was one under section 144, criminal procedure code, and is in these terms: i, therefore, issue an order of injunction directing them, (that is to say the persons named at the head of the proceedings), not to make any disturbance over hematulla's rights of the said ferry. it is said that after the date of this order, namely, the 4th january 1917, the two petitioners were found plying a ferry not being hemat-ullah's ferry, at the site in question. there is, however, no suggestion that they were in any sense creating a disturbance. that being so, we think that this prosecution must be infructuous. we, therefore, set aside the order complained of and make this rule absolute.2. with reference to the explanation that has.....
Judgment:

1. This Rule is directed against an order by which the prosecution of the petitioners under Section 188, Indian Penal Code, has been directed. The order, which it is said has been disobeyed was one under Section 144, Criminal Procedure Code, and is in these terms: I, therefore, issue an order of injunction directing them, (that is to say the persons named at the head of the proceedings), not to make any disturbance over Hematulla's rights of the said ferry. It is said that after the date of this order, namely, the 4th January 1917, the two petitioners were found plying a ferry not being Hemat-ullah's ferry, at the site in question. There is, however, no suggestion that they were in any sense creating a disturbance. That being so, we think that this prosecution must be infructuous. We, therefore, set aside the order complained of and make this Rule absolute.

2. With reference to the explanation that has been submitted by the District Magistrate we desire to point out to him, that when this Court declines to interfere with an order made by a Magistrate in the exercise of' his discretion under Section 144, Criminal Procedure Code the Court does not thereby express any opinion as to what would constitute disobedience to the said order.


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