Madhya Pradesh Court November 1949 Judgments

M.R. Deo Vs. State

Court: Madhya Pradesh

Reported in: AIR1950MP28; 1950CriLJ813

Mehta, J.1. This is an application by Mr. M. K. Deo, Advocate, Madhya Bharat High Court that a writ of certiorari should issue to the Subha and District Magistrate Indore to bring up, in order to be quashed, an order passed on 22nd October 1949 by District Magistrate Under Section 3.E. Madhya Bharat Maintenance of Public Order Act. The said order prohibits the applicant for three months from participating in any meeting, public or private, organised by any association. It further prohibits the applicant from issuing any leaflet or newspaper, propagating communist views or that of Karmachari sangh. A preliminary objection was raised by the learned Advocate-General that Madhya Bharat High Court is not invested with the jurisdiction to issue the high prerogative writ of certiorari. This would involve an inquiry into the nature and origin of the writ of certiorari as will as the constitution and jurisdiction of the power and authority of this Court.2. The ancient writ of certiorari in Engl...