1. - The instant revision under section 397/401 Criminal Procedure Code is directed against the order dated 10.6.2004 passed by the Collector-Cum-District Magistrate, Sriganganagar whereby he issued an order in exercise of powers under section 144 Criminal Procedure Code prohibiting the members of the Ganganagar Club entering in the Club and participating in its activities.

2. It appears that on 9.6.2004 election took place for the post of President in the Club in which the petitioner was elected as President. After declaration of the result the some persons approached to the District Magistrate, Ganganagar. It appears that on hearing them he formed an opinion that with a view to prevent disorder, obstruction and annoyance to maintain public peace and tranquility the provisions of Section 144 Criminal Procedure Code was required to be invoked. He accordingly issued the impugned order referred to above.

3. It is contended by the learned counsel that in the garb of a preventive order the District Magistrate has no jurisdiction to totally discontinue the entire activities of the club. On the other hand the impugned order has been supported by the learned Public Prosecutor.

4. Having perused the impugned order, I am satisfied that the same deserves to be quashed. Before passing the impugned order the learned District Magistrate has not bothered to acquaint with the scope and jurisdiction of the provisions of Section 144 Criminal Procedure Code The powers conferred upon a Magistrate by Section 144 Criminal Procedure Code is extraordinary power and the Magistrate is expected to resort to it only when he satisfies that the other powers with which he is entrusted are insufficient. The section cannot be permitted to take place of any other provision of law which might more properly be applied. Simply because there was some complaint with respect to the election it cannot be a ground to completely stop the activities of the club. At the most there could be direction in a nature which could have maintained the tranquility in the area. There are other provisions in the Code as Section 107 or 145 Criminal Procedure Code If there is any dispute with respect to holding of election an appropriate remedy was to file a civil suit. Even otherwise such an order cannot be passed for a long time. The Section authorises passing of a provisional order to get over temporary emergency. It does not authorise a Magistrate to grant permanent injunction of prohibition nature in the club and further to stop its all the activities. There cannot be an absolute prohibition in the nature as passed by the District Magistrate in the instant case. The impugned order is not sustainable in the eye of law and deserves to be quashed and accordingly hereby quashed.

5. Consequently, the petition is allowed. The order of the District Magistrate, Sriganganagar dated 10.6.2004 issuing prohibiting order under section 144 Criminal Procedure Code is quashed and set aside.Petition allowed.

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