Shah, J.:— The District Magistrate of Surat, purporting to act under Section 144 of the Cr PC, has made an order directing “all persona to abstain from removing or causing to be removed, or promoting, aiding, or abetting, directly or indirectly, in any way, the removal of any dogs, either in carts, or otherwise, and from preventing or trying to prevent or obstruct, directly or indirectly, the poisoning of such dogs in any way and from taking possession of or confining such dogs.” It is mentioned in the order that “it applies to Surat city and all places within five miles of Surat city.” Under S. 144 however the District Magistrate has power only to direct an order to a particular individual or to the public generally when frequenting or visiting a particular place. It is quite clear that this order complies with neither of these requirements.
2. It is therefore made without jurisdiction. It is needless to consider the other objections urged on behalf of the applicants. On this ground alone I set aside the order.
Heaton, J.:— I agree. I hold that the District Magistrate has no power whatever to issue a prohibitory order to the public, unless that power is specifically conferred by some provision of the-law. He claims or appears to claim that the power to issue this particular prohibitory order to the public of Surat is conferred by S. 144. But to me it is quite plain that it is not. Cl. (3) of that section cannot conceivably cover the case, and the power to direct any person to abstain from a particular thing is not a power to direct the public generally from abstaining.
G.P/R.K
3. Order set aside.