Posted On by &filed under High Court, Madras High Court.


Madras High Court
Govinda Chetti And Ors. vs Emperor on 21 October, 1913
Equivalent citations: (1914) 27 MLJ 928


ORDER

1. In our opinion the order of the Sub-Magistrate which we are asked to revise, does not satisfy the requirements of Section 144 Criminal Procedure Code and must be considered to be passed without jurisdiction. Section 144 applies to temporary orders in urgent cases of nuisance or apprehended danger, and it is distinctly provided that, except when specially extended by a notification of Government no such order shall remain in force for more than 2 months. Neither in the present order itself nor in the records referred to as forming the basi3 of it, is there any indication of urgency and the order itself does not set forth the material facts of the case as required by law. The order purports to review a previous order prohibiting the Pathiyar procession for two months from 3rd July 1913. It is in effect a second extension for 2 months of an order dated the 2nd May 1913 prohibiting the procession.

2. It is open to the District Magistrate to address Government for issue of a certificate under clause 5 of the section : but the present order is in contravention of the same and ultra vires.

3. It is hereby set aside.


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