Imam, J.

1. The petitioners have been sentenced to pay a fine of Rs. 100.00 each under; Sec.188, Penal Code for disobeying an order made against them under Section 144, Criminal P. C. On the facts found, there could be no question that there was disobedience of the order. Under Sec.188, Penal Code, however, mere disobedience of an order made by a public servant lawfully is not punishable.

2. The disobedience must fall within the circumstances indicated in that section. It contains two clauses which may be quoted. Where a person disobeys such direction "shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend, to one thousand rupees, or with both." Obviously the fi