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1949 Supreme(Cal) 10

HARRIES, DAS GUPTA
HAFIZUL EKBAL – Appellant
Versus
GOPAL SARDAR – Respondent


Advocates Appeared:
Kanai Lal Ghose, NAGENDRA NATH BOSE, S.C.TALUKDAR

HARRIES, C. J.

( 1 ) THESE are two petns. for revn. of orders mode by a learned Mag. under Section 144, Cr. P. C.

( 2 ) THE opposite parties presented petns. to the Dist. Mag. complaining that the present petrs. in these cases were interfering with their possession. It seems that these petns. wore not even verified but the Dist. Mag. immediately issued an order in these terms :"the usurping party may please be restrained immediately under Sections 144, 107, Cr. P. C. and asked to come through Civil Court and the party in possession may be allowed to continue in possession. "

( 3 ) STRANGE to say, this order is in terms addressed to the Supdt. of Police. The latter on receiving this order also made an order in these terms : "s. D. O. will please issue order as directed and send to O. C. Harishchandrapur P. S. to take immediate steps. "

( 4 ) PRESUMABLY the learned Dist. Mag. was acting under the second para, of Sub-section (1) of Section 144 which provides :"such Mag. any, by a written order stating the material facts of the case and served in manner provided by Section 134 direct any person to abstain from a certain act or to take certain order with certain property in possession











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