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1906 DIGILAW 132 (CAL)

Bidhu Ranjan Mazumdar v. Ramesh Chandra Raj

1906-06-08

body1906
JUDGMENT 1. On the petition of one Romesh Chandra Roy, owner of hat known as Astamonisa hat, presented on the 19th March 1906, a Police investigation was made with the result that an order was passed on the 23rd April purporting to be one under sec. 144, Cr. P.C., in which it was stated that an injunction should be issued restraining the Petitioner from committing certain acts. Later on a notice was served which is to the following effect:-"To Babu Kristendra Narain Mozumdar, as it has been made to appear to me by the petition of Romesh Chandra Roy of Astamonisa, the report of the Police Bub-Inspector of Chatmohar that you have established a new hat at Mirzapur at distance of a quarter of a mile from Astamonisa hat that there is a probability of a breach of the peace over this matter, you are therefore strictly enjoined under sec. 144 not to establish any Bad Hat in village Mirzapur within quarter of a mile distant from Astamonisa hat." There is no time mentioned in the notice. It simply says you shall not do certain acts. There are no dates mentioned when the hat should be held, and there is nothing to indicate whether Babu Kristendra Narain Mozumdar would be entitled to hold any hat at any time within one quarter of a mile. The order is as vague as it could be. 2. We are of opinion that the object of sec. 144 is not that orders should be made proscribing the holding of hats idefinitely within a certain area for two months. In fact the proper way of preventing a breach of the peace is to proceed according to sec. 107 of Code of Criminal Procedure. Orders under sec. 144 are not intended to be made in cases like this. We accordingly set aside the order and make the rule absolute.