144 Cr.P.C. are attempted to
serve larger public interest and purpose. As already noticed, under
38
the provisions of the Cr.P.C ... accordance with law in terms of Section 129 Cr.P.C. An order
under Section 144 Cr.P.C. would have an application
Verified
144 of Code of Criminal Procedure (hereinafter referred to as the
Digitally signed by
SUSHIL KUMAR
RAKHEJA
Date: 2018.07.23
“ Cr.P.C .”), whereby ... Cr.P.C.
for several years. It issues fresh orders as soon as the previous
order expires. As per sub-section (4) of Section 144
imposition of section 144 Cr.P.C. PW13 also did not depose about
any announcement of section 144 Cr.P.C being made ... section 144
Cr.P.C. However, this was an improvement. PW15 was confronted
with statement u/s 161 Cr.P.C. PW24 in his cross
said proceeding under Section 144 Cr.P.C. was converted into a proceeding under Section 145 Cr.P.C. and an order was passed directing ... proceeding from one under Section 144 Cr.P.C. to 145 Cr.P.C . When a proceeding under Section 144 Cr.P.C. is converted
petitioner has converted the Section 144 of Cr.P.C. proceeding
into Section 145 of Cr.P.C. proceeding. It appears from the
report that ... petitioner
therefore, proceeding converted into Section 144 Cr.P.C. to
Section 145 Cr.P.C. is not proper/justified in accordance with
Commissioner of Police Delhi issued prohibitory order under Section 144 Cr.P.C. whereby prohibition was imposed on any person or persons from selling ... sustain the legality of the prohibition by reference to Section 144 Cr.P.C.
whereunder it was sought to be imposed.
11. With this much
therefore, in exercise of powers conferred upon me under section 144 Criminal Procedure Code, read with Govt. of India, Ministry of Home Affairs, New Delhi ... answering respondent however, submitted that the prohibitory order under Section 144 Cr.P.C. were issued being intelligence report was received that the sale
fast asleep. While dealing with the order passed under
Section 144 of Cr.P.C. by the Commissioner of Police or the Ministry of Home Affairs ... State of Maharashtra, AIR 1961 SC 884, that Section 144 Cr.P.C.
cannot be resorted merely on imaginary ground or on the ground
that, if the Magistrate
fails to take immediate recourse to Section 133 Cr.P.C., irreparable
damage would be done to the public. The exercise ... Cr.P.C. is not intended to settle private disputes or to
substitute to settle civil disputes though the proceedings under
26
Section 133 Cr
prosecute the complaint as such it
has been dismissed. Section 494 of I.P.C. is with regard to bigamy.
So far this question ... this divorce case cannot be
relied upon.
20. So far 125 Cr.P.C . application is concerned, it has been
marked as Ext.12, which