JUDGEMENT
A.S.NEHRA, J. -
(1.) NOTICE of this petition was given on 19.11.93 to the Advocate General, Haryana for 30.11.1993 and, on my direction Mr. K. S. Godara, Assistant Advocate General, Haryana accepted notice on behalf of the respondent State of Haryana. On 30.11.1993 on the request of Mr. Godara, the case was again adjourned for today. In spite of the two adjournments, no reply has been filed on behalf of the respondent-State of Haryana.
(2.) THE petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the impugned order dated 6.10.1993 (Annexure P-1) passed by the Sub Divisional Magistrate, Thanesar, which reads as under :
"After personally visiting the site, I am satisfied that for the last two months you are engaged in the business of hypnotism. Thousands of persons are visiting your Dera as well as your house in village Thaska Ali. There is adequate arrangement for drinking water, toilet facilities and for stay. Defecting in the nearby places by such a large number of persons poses danger to human life, health and safety and disturbed the public tranquillity. About sixty shops have sprung up in the vicinity of the Dera and they are selling unhygienic eatables to the general public which is a health hazard. There is no proper arrangement for boarding/lodging and the visitors sleep on the ground under the open sky and are vulnerable to snake bites and malaria. Under Section 144 of the Cr.P.C. I hereby restrain you from the act of practising hypnotism of the people and prohibit the gathering of persons. As this case is of emergent nature, ex parte orders under sub Section (2) of Section 144 are being issued."
It has been contended by the learned counsel for the petitioners that no order under Section 144 of the Code of Civil Procedure can remain in force for more than two months from the date on which it is made. The impugned order was passed on 6.10.1993. Mr. K. S. Godara Assistant Advocate General, Haryana, has not addressed any arguments. Since the period of two months from the date of passing of the impugned order has expired therefore, the impugned order dated 6.10.1993 passed by the Sub Divisional Magistrate, Thanesar, has become inoperative on the expiry of the aforesaid period of two months. With this observation, this petition is disposed of.;
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