Judgment

MUKHERJEA, J. The appellant in this case, who was at the material time a 1st Class Magistrate of Cuttack, has been found, by the High Court of Orissa, to be guilty of contempt of the Court of the Additional Munsif of that place, by reason of his making an order, under S. 144 of the Criminal Procedure Code, by which a civil court peon was restrained from executing a warrant of arrest issued by the said Additional Munsif in connection with the execution of a money decree against one Hrudananda Sahu. The High Court has held that in purporting to make the order under S. 144, Criminal Procedure Code, the appellant misconceived his powers and did exercise a jurisdiction not vested in him by law. The High Court has also found that no circumstances existed which would justify the Magistrate in passing an order of that nature under S. 144 Criminal P. C. These findings are, in our opinion, well supported by the materials on the record and cannot possibly be challenged. The learned Judges of High Court, however, have expressly exonerated the appellant from the charge of being influenced by any extraneous consideration or dishonest motive in making the order. All that has been found ag