Nainamalai Goundan and ors. Vs. Ramaswami Goundan - Court Judgment

Excerpt:

- orderhorwill, j.1. the sub-divisional magistrate had ample power under clause (1) of section 144, criminal p.c., to pass the order he did. the sub-divisional magistrate is responsible for preserving law and order within his jurisdiction and if on the material available to him he thinks that an order under section 144, criminal p.c., is necessary, it is his duty to pass such an order. whether the material is gathered by himself or by the sub-magistrate is irrelevant. the petition is dismissed.

Judgment:

ORDER

Horwill, J.

1. The Sub-divisional Magistrate had ample power under Clause (1) of Section 144, Criminal P.C., to pass the order he did. The Sub-divisional Magistrate is responsible for preserving law and order within his jurisdiction and if on the material available to him he thinks that an order under Section 144, Criminal P.C., is necessary, it is his duty to pass such an order. Whether the material is gathered by himself or by the Sub-Magistrate is irrelevant. The petition is dismissed.