Nainamalai Goundan and Others vs Ramaswami Goundan

Horwill, J.—The Sub-divisional Magistrate had ample power under Clause (1) of Section 144, Criminal P.C., to pass the order he did. The Sub-divisional Magistrate is responsible for preserving law and order within his jurisdiction and if on the material available to him he thinks that an order u/s 144, Criminal P.C., is necessary, it is his duty to pass such an order. Whether the material is gathered by himself or by the Sub-Magistrate is irrelevant. The petition is dismissed.