( 1 ) THIS is a petition under Article 228 of the Constitution of India read with Section 561-A, Cr. P. C. , by Rara Das Gaur to quash the Criminal Case No. 611 of 1959 pending against him in the court of Sri M. N. Mathur, Magistrate, Varanasi, and also to declare the order dated 28-4-1959 promulgated under Section 144, Cr. P. C. to be ultra vires and of no legal consequence.

( 2 ) THE petitioner has challenged the order promulgated under Section 144, Cr. P. C. on many grounds, but as the order could not be deemed to be in force on the expiry of two months from the date of the original order, it is not necessary to express any opinion on the constitutionality of section 144, Cr. P. C. or of the order promulgated under this section.

( 3 ) THE material facts of the case are that a section of the Hindus started an agitation with regard to a mosque which was constructed under order of the Moghul Emperor Aurangzeb in place of or on the site of old Lord Vishwanath Temple. A new idol of Lord Vishwanath was installed near the mosque in another temple which exists upto now. There is a platform lying between this mosque and the temple and Hindus wanted to perform Yagya on th