AIR 1968 ORISSA 221 ::34 Cut L T 537

Orissa High Court

Hon'ble Judge(s): S. K. Ray , J

Criminal P.C. (5 of 1898) , S.144, S.145— Proceedings u/S.144 - Preliminary order u/S.145 by way of converting such proceedings into one u/S.145 - Such order must be passed before expiry of prohibitory order u/S.144. Where disputed questions of possession appear to exist at the commencement of exercise of jurisdiction under Section 144, Cr. P.C. Magistrate may still pass a prohibitory order under that Section with a view to ultimately initiate proceeding under Section 145 Cr. P.C. Where during pendency of 144 Cr. P.C. order, the Magistrate becomes satisfied that dispute likely to cause breach of peace concerning any land which originated the temporary order is likely to continue beyond its life of two months, he may pass a preliminary order by way of altering the order under S. 144, Cr. P.C. While so altering or converting all other conditions of Section 145 Cr. P.C. must be satisfied and the date of conversion shall be the date of preliminary order under Sub-Section (1) thereof. Such conversion cannot, in law, have the effect of changing the character of 144 Cr. P.C. proceeding from its very start so as to constitute the date of @page-Ori222 passing of 144 Cr. P.C. order as the date of preliminary order. Such conversion if it is not an independent preliminary order, must take place on or before the very last day when the prohib....