PRASAD, J. - (1.) IN the present writ petition, when the notices were returned after service, learned Public Prosecutor was asked as to what are his instructions. He pleaded that no instructions have been received by him from the respondent officers. The right of hearing was closed for the respondents. An application has been moved by the respondents for being permitted to place their stand. They are granted permission.
(2.) HEARD the learned counsel for the parties. The case was finally heard at the request of the parties. The learned counsel for the petitioner has urged that the order impugned dated 26. 10. 98 in its initial part is in terms of law. But wherein the learned Executive Magistrate has ordered that the petitioner will report to the Incharge, Police Station, Baran is not in confirmity with the Rule 6 (a) of the Rajasthan Control of Goondas Rules, 1975. Rule 6 read as under : "6. (Order by the District Magistrate) - While making an order under sub-section 3 of the District Magistrate may ordinarily require or direct the person affected by the order- (a) to notify his movements to the Officer in charge of the Police Station (Whether in the same district within or outside Rajasthan nearest to his residence for the time being or to report himself to the said Officer at such time and place as may be directed by such officer but not more than once in a day. (b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " The learned Public Prosecutor has not been able to support the order of the Executive Magistrate. He has not been able to show any provision by virtue of which any order could be passed as has been passed by the learned Executive Magistrate. Not only that, the learned Public Prosecutor has not been able to show any provision or power to the court that the Executive Magistrate had the powers to pass the order impugned. He was even gasping for words while arguing the matter. It appears that he has not been instructed by the authorities concerned. That being the position, the case goes un-defended and that part of the order whereby the petitioner has been directed to report to S. H. O. Police Station Baran is quashed. However, in the interest of justice, liberty is granted to the Executive Magistrate to pass fresh orders in accordance with law. It is further observed that the learned Public Prosecutor should seek complete instructions while appearing before the court from the concerned authorities. .;