Swaminatha Mudaliar v. Gopalakrishna Naidu

Swaminatha Mudaliar v. Gopalakrishna Naidu

(High Court Of Judicature At Madras)

No. | 18-03-1915

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.

Advocate List
Bench
  • HON'BLE MR. JUSTICE AYLING
Eq Citations
  • 30 IND. CAS. 144
  • AIR 1916 MAD 1106 1
  • LQ/MadHC/1915/143
Head Note

Cr. P.C., 1973 — S. 144 — Repeated recourse to S. 144 in the same dispute — Held, should not be had — If it is considered probable that danger to public peace may remain after expiry of two months from the date of an order under S. 144, steps should be taken in due course to obtain an order of Government under cl. 5 of S. 144, or recourse should be had to provisions of Ch. XII or S. 107, Cr. P. C.