- (1.) The petitioner in this WP under art.226 dated February 14, 2012 is seeking the following principal relief: "(a) A writ in the nature of Mandamus commanding the respondents more particularly the Officer-in-Charge, Katwa Police Station to forthwith take necessary steps on the basis of the order dated 9.1.2012 & 24.1.2012 respectively passed by the Ld. S.D.J.M. Katwa, in M.P. Case No. 27 of 2012 and to pass necessary prohibited order against the petitioner till the disposal of the case."
(2.) Counsel for the petitioner submits as follows. Though the Executive Magistrate passing the orders is competent to take steps for their execution, the petitioner has approached the High Court, because the High Court also can pass an order directing the police to carry out the order of an Executive Magistrate passed under s.144 CrPC.
(3.) An order of an Executive Magistrate passed under s.144 CrPC is not to be executed by the High Court. Power under art.226 cannot be exercised mechanically only for directing the police to carry out an order of an Executive Magistrate under s.144 CrPC. Power can be exercised only for deciding an issue involved in a WP. The issue involved in this WP is that two orders of the Executive Magistrate have not been carried out by the police. Correctness of the allegation is to be decided taking down evidence. If the orders of the Executive Magistrate have been disobeyed, then proceedings are to be initiated by the Executive Magistrate.;