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1977 Supreme(SC) 366

JASWANT SINGH, M. H. BEG, P. N. BHAGWATI
Gulam Abbas – Appellant
Versus
Md. Ibrahim – Respondent


Advocates:
A.K.SEN GUPTA, BASHIR AHMED, K.L.Hathi, Kamlesh Bansal, M.C.BHANDARE, P.C.KAPUR, SHOBHA DIXIT, URMILA KAPUR

JUDGMENT

BEG, C.J.I. :—This review application seems quite unnecessary. Since, however, learned counsel for the petitioners have earnestly tried to impress upon us that, unless we mention the correct principles on which jurisdiction is to be exercised under S. 144 of the Criminal Procedure Code by Magistrates, they may continue to exercise them on wrong principles, we may clear up these possibly imaginary difficulties. We find it har to believe that Magistrates will deliberately shut their eyes to the requirements of law as laid down clearly in S. 144, Cr. P. C., but, as what is not easily conceivable sometimes down happen, we will explain the provisions of Sec. 144, Criminal Procedure Code a little.

2. This provision confers a jurisdiction to "direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management" with the object, inter alia, of preventing "a disturbance of the public tranquillity, or a riot, or an affray." Section 144 (3) specifically lays down that the order under this section "may be directed to a particular individual, or to the public generally when frequenting or visiting a particular place".






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