Karan Singh and Others vs Ram Kishun Lal

Macpherson, J.—On the 13th July, 1927, the Sub-Divisional Magistrate passed an order u/s 144 of the Code of Criminal Procedure restraining the second party, the present petitioners, from interfering with the possession of the first party. On the 12th September which was the last day on which the order could operate, the Sub-Divisional Magistrate complained against the petitioners u/s 188 of the Indian Penal Code in respect of a breach of his order of the 13th July. On the following day the petitioners applied to the District Magistrate under Sub-section 4 to set aside the order of the Sub-Divisional Magistrate u/s 144 of the 13th July but the application was summarily rejected. They then obtained a Rule from this Court for a consideration of the order u/s 144.

Now, the order of the 13th July has long spent itself. It had indeed spent itself before the Rule issued. It is the practice of most of the Judges of this Court to refuse to interfere with orders tinder Section 144 the operation of which has expired There have been oases in which Single Judges have considered and have set aside such, orders, but the general practice is against interference. It is suggested by Mr. K.B. Dutt on behalf of the petitioners that the present circumstances are in a measure special, since the petitioners are still concerned with the validity of the order in view of the prosecution u/s 188. In support of the argument reference is made to the decision of Chitty and Walmsley, JJ., in the case of Chandra Kanta Kanjilal v. Emperor 36 Ind. Cas. 144 : 20 C.W.N. 981 : 17 Cr. L.J. 464. I do not feel pressed by that decision, since the order was set aside entirely because it was the foundation of a prosecution u/s 188 which was on the face of it irregular. It is not stated that there is any irregularity on the face of the present complaint u/s 188, nor can I find that it can be safely said on the face of the order u/s 144 that it ought not to have been made.

The order being spent, I decline to interfere. The application is rejected.