- (1.) Counsel submits that the petitioners have brought this art.226 petition seeking a mandamus commanding the police to execute an order of the Civil Court in the discharge of their duties under of s.23 of the Police Act, 1861.
(2.) The provisions of s.23 of the Police Act, 1861 are quoted below : "23. Duty of police officers. It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority: to collect and communicate the intelligence affecting the public peace: to prevent the commission of offences and public nuisances: to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose apprehension sufficient ground exists: and it shall be lawful for every police officer, for any of the purposes mentioned in this section, without a warrant, to enter and inspect any drinking shop, gaming-house or other place or resort of loose and disorderly characters."
(3.) The question is whether the High Court should make an order under art.226 of the Constitution directing the police to execute an order of a Civil Court.;