Harihar Singh vs Upendranath Banarji

Macpherson, J.—Upon a police report of the 13th January last the Magistrate issued orders u/s 144 against both the parties to the present proceeding and on hearing them directed on the 24th February that the order be made absolute against the present petitioners who were the second party. The petitioners moved this Court against the order u/s 144 and obtained a rule:

on the ground that the matter should have been dealt with, not u/s 144, but u/s 145, Criminal P.C.

It appears, however, that the order u/s 144 has expired by lapse of time which is three and a half months from the time when it was passed and more than two months from the time when it was made absolute. Furthermore, it is clear that the Civil suit praying not only for a declaration but for confirmation or recovery of possession, which was brought by the petitioners as long ago as the 28th February 1932, and pursued by them in a very dilatory way, will come to trial on the 19th of June next. It is quite clear that to take up proceedings u/s 145 now would be futile since they could not possibly be brought to a conclusion, in all the circumstances of the present case, before the parties will have a definite decision one way or the other from the Civil Court towards the end of June.

It, therefore, does not matter in this case whether Section 145 would have been the more appropriate method of settling the dispute between the parties which was stated by the police, whose view was accepted by the Magistrate to require a speedy remedy such as is afforded by Section 144. All things considered, I certainly see no reason to hold that Section 144 was not a proper method of dealing with the emergency when it came before the Magistrate in January last. It is always enough that the Magistrate adopts any proper method to meet the emergency if there happen to be several methods to choose from: his choice is not to be considered in the light of the fact that at a later stage when the emergency can be viewed on a different basis, another method may be adjudged to have been a more proper or the most proper or rather the most satisfactory method in the circumstances.

I am satisfied that at the present stage proceedings u/s 145 would be entirely inexpedient. The District Magistrate must maintain the peace of his district as between these warring parties until the forthcoming decision of the Civil Court, by the means at his disposal which he shall adjudge most appropriate to and most effective in the circumstances. The rule is accordingly discharged.