- (1.) Grievance of the petitioners is that though the Executive Magistrate made orders in proceedings initiated under Ss. 107 and 144 of the Code of Criminal Procedure, 1973, directing the police to see that no breach of peace took place, the police authority concerned did nothing.
(2.) Counsel for the petitioners argues that for enforcing orders made by the Executive Magistrate in proceedings under Ss. 107 and 144 of the Code of Civil Procedure, 1973, the party obtaining such orders can approach the writ Court. His argument is that when the police fails to act in terms of orders passed by an Executive Magistrate, the aggrieved party can approach the writ Court for appropriate directions to the police to act in terms of the orders.
(3.) With due respect, I am unable to agree with counsel for the petitioners. True it is that the police is to act in aid of an order of the Executive Magistrate, when such order is made under Section 144 of the Code of Criminal Procedure, 1973. But there is no scope to get such an order executed by the writ Court.;