Section 144 in The Code of Criminal Procedure, 1973
144. Power to issue order in urgent cases of nuisance or apprehended danger.
(1) In cases ... Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate
empowered officer in passing an order under Section 144 of the
Code of Criminal Procedure, 1973 (for short ` Cr.P.C .').
2. It appears ... application. There is no general proposition
that an order under Section 144 , Criminal
Procedure Code cannot be passed without
taking evidence : see Mst. Jagrupa Kumari
Declare that repeated promulgation of prohibitory
orders under Section 144 of Code of Criminal Procedure as
illegal; and
(f) Pass any other or further appropriate ... There is no general proposition that an
order under Section 144 , Criminal Procedure Code cannot
be passed without taking evidence: see Mst Jagrupa
Kumari
GEETA AHUJA
Date: 2020.01.10
12:44:27 IST
Reason:
Restrictions under Section 144 , Cr.P.C. G
1
Freedom of the Press H
Conclusion ... Whether the Government’s action of prohibiting internet
access is valid?
IV. Whether the imposition of restrictions under Section 144 ,
Cr.P.C. were valid
Section 144 , Criminal Procedure Code and the same is revisable under Section 435 read with Section 439 , Criminal Procedure Code.
23. We shall now proceed ... Magistrate's order but the decision that the circumstances mentioned in Sub-section (6) of Section 144 , Criminal Procedure Code continue to exist
Code of 1872, and Section 144 of the Code of 1882 which were provisions analogous to Section 144 of the present Code of Criminal Procedure ... Agra issued an order on 10-7-1966 under Section 144 , Criminal Procedure Code. In the preamble of the order he mentioned that from
issuance of a writ of declaration that the orders issued u/s 144 Cr.P.C. on 19.3.2012 by the V respondent and the police ... started from 19.03.2012.
Under these circumstances, prohibitory order under section 144(1) of Criminal Procedure Code, is passed for preventing the political parties, Organisations, Movements
purportedly made under Section 33 of
the Bombay Police Act read with Section 144 of the
Code of Criminal Procedure prohibited hotels and
restaurants from ... would not include the power to
prohibit. Further, Section 144 of the Code of Criminal
Procedure provides a power to grant only temporary
orders which
requisite conditions of exercise of discretion under Section 144 are explicitly narrated in the provisions of Section 144 Cr.P.C. Therefore no order could ... sections 5 , 6 and 7 would impliedly underlays the requirements of passing an order either under Sub-section (1) of Section 144
section from constitutional attack, I am further fortified in my view that if a party affected by an order under Section 144 , Criminal Procedure Code ... terms of Section 144 , Criminal P.C., at all.
(Underlining mine).
10. The third infirmity is that if Section 144 , Criminal Procedure Code is allowed
