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Judgment
Heaton, J.—We have been applied to in this case to interfere in our revisional jurisdiction with what purports to be an order made u/s 145 of the Criminal Procedure Code. The view of the case that I take is that no final order has been made u/s 145. The preliminary order was made, the statements of the parties as required by Clause 4 of the section were put in, but thereafter there was no oral examination of the parties or taking of evidence. There was no decision as required by Clause 6, nor was there a declaration as required by that clause. There was simply an order that a person was "not to obstruct, etc." Where, as here, all the most essential things that go to the making of the order were absent, I can only say that I regard the order made as not a final order under the section.
The position, therefore, stands thus: if there is still a danger of a breach of the peace, the Magistrate must complete the proceedings as required by Section 145 and make a proper order either under that section or u/s 146. If, however, there is no longer any danger of a breach of the peace, the proceedings may be dropped.
Shah, J.
I agree.