Lachman Ram and Others vs Dhiru Dusadh

Mullick, J.—The remedy adopted by the learned Deputy Magistrate was misconceived. Section 144, Criminal Procedure Code is applicable only to temporary orders in urgent oases of nuisance or apprehended danger. It is not applicable in cases where there is a dispute as to land for the settlement of which Section 145, Criminal Procedure Code, would seem to provide the appropriate remedy. The Magistrate should have proceeded under that section or Section 107, Criminal Procedure Code. His order u/s 144, Criminal Procedure Code, is set aside on the ground that it was made without jurisdiction.