Swaminatha Mudaliar Vs. Gopalakrishna Naidu - Court Judgment

Excerpt:

criminal procedure code (act of 1898), section 144 - too often resort to the provisions of--recourse to section 107, or chapter xii, of the code--when time fixed in the order expires. - orderayling, j.1. the magistrate had jurisdiction to pass the order sought to be revised and there is no ground for interference with it.2. the term of the order expires to-morrow; and it is observed for the guidance of the magistrate that repeated recourse should not be had to the provisions of section 144 in the same dispute. if it is considered probable that danger to the public peace may remain after the expiry of two months from the date of an order under section 144, steps should be taken in due course to obtain an order of government under clause 5 of that section, or recourse should be had to the provisions of chapter xil, or section 107, of the criminal procedure code.3. the petition is dismissed.

Judgment:

ORDER

Ayling, J.

1. The Magistrate had jurisdiction to pass the order sought to be revised and there is no ground for interference with it.

2. The term of the order expires to-morrow; and it is observed for the guidance of the Magistrate that repeated recourse should not be had to the provisions of Section 144 in the same dispute. If it is considered probable that danger to the public peace may remain after the expiry of two months from the date of an order under Section 144, steps should be taken in due course to obtain an order of Government under Clause 5 of that section, or recourse should be had to the provisions of Chapter XIL, or Section 107, of the Criminal Procedure Code.

3. The petition is dismissed.