Shiv Dutt Sharma vs State Of Rajasthan on 28 September, 1972
In Brindaban Shaw v. Narendra Nath AIR 1948 Cal 192 the petitioner was the owner of a certain house, situate in the city of Calcutta. The structures were said to be in a dilapidated condition. The Calcutta Corporation served a notice upon the petitioner directing him to pull down the structures within 7 days and the notice was also served upon the tenants, who were in possession of the property. The petitioner said that he had called upon his tenants to vacate the premises but they refused to do so. He then moved the criminal court under Section 144, Cr. P.C., for an order calling upon the tenants to vacate the premises. It was observed by Harries C.J. that the proceedings under Section 144 of the Code were wholly misconceived. Under Section 144 a Magistrate can only direct a person to abstain from a certain place or to take certain property in his possession or under his management, but he is not entitled to pass a mandatory order of the nature under Section 144, Criminal Procedure Code.