Back
1993 Supreme(P&H) 1187
PUNJAB AND HARYANA HIGH COURT
A. S. Nehra, J.
Karampal Singh - Petitioners
Versus
State of Haryana - Respondents
Criminal Misc. No. 15419-M of 1993.
Decided On : 21 December, 1993
For the Petitioners:Mr. K. S. Sidhu, Advocate.
For the Respondents: Mr. K. S. Godara, AAG, Haryana.
The impugned order under Section 144 of the Criminal Procedure Code becomes inoperative after the expiry of two months from the date of its passing.
Headnote:
Section 144 - Restraining Order - The court quashed an order passed under Section 144 of the Criminal Procedure Code, restraining the practice of hypnotism and gathering of persons due to public safety concerns.
Fact of the Case:
The petitioners sought to quash an order passed by the Sub Divisional Magistrate, Thanesar, under Section 144 of the Criminal Procedure Code, restraining the practice of hypnotism and gathering of persons due to public safety concerns.
Finding of the Court:
The court found that the impugned order had become inoperative as the period of two months from the date of passing the order had expired.
Issues: The issue was whether the order passed under Section 144 of the Criminal Procedure Code could remain in force for more than two months.
Ratio Decidendi: The court held that the impugned order had become inoperative on the expiry of the two-month period from the date of its passing.
Final Decision: The court disposed of the petition with the observation that the impugned order had become inoperative due to the expiry of the two-month period.
A. S. Nehra, J. - Notice of this petition was given on 19.11.93 to the Advocate General, Haryana for 30.11.1993 and, on my direction Mr. K. S. Godara, Assistant Advocate General, Haryana accepted notice on behalf of the respondent State of Haryana. On 30.11.1993 on the request of Mr. Godara, the case was again adjourned for today. In spite of the two adjournments, no reply has been filed on behalf of the respondent-State of Haryana.
2. The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 6.10.1993 (Annexure P-1) passed by the Sub Divisional Magistrate, Thanesar, which reads as under :
"After personally visiting the site, I am satisfied that for the last two months you are engaged in the business of hypnotism. Thousands of persons are visiting your Dera as well as your house in village Thaska Ali. There is adequate arrangement for drinking water, toilet facilities and for stay. Defecting in the nearby places by such a large number of persons poses danger to human life, health and safety and disturbed the public tranquillity. About sixty shops have sprung up in the vicinity of the Dera and they are selling unhygienic eatables to the general public which is a health hazard. There is no proper arrangement for boarding/lodging and the visitors sleep on the ground under the open sky and are vulnerable to snake bites and malaria. Under Section 144 of the Criminal Procedure Code I hereby restrain you from the act of practising hypnotism of the people and prohibit the gathering of persons. As this case is of emergent nature, ex parte orders under sub Section (2) of Section 144 are being issued."
3. It has been contended by the learned counsel for the petitioners that no order under Section 144 of the Code of Civil Procedure can remain in force for more than two months from the date on which it is made. The impugned order was passed on 6.10.1993. Mr. K. S. Godara Assistant Advocate General, Haryana, has not addressed any arguments. Since the period of two months from the date of passing of the impugned order has expired therefore, the impugned order dated 6.10.1993 passed by the Sub Divisional Magistrate, Thanesar, has become inoperative on the expiry of the aforesaid period of two months. With this observation, this petition is disposed of.
