Law: Criminal Procedure Code (V of 1898)

Section: 144

Law: Penal Code (XLV of 1860)

Section: 379

Penal Code (XLV of 1860), S. 379-Complainant debarred from entering and exercising possession on disputed land under S. 144, Criminal Procedure Code (V of 1898)-Taking away of paddy from such land-No offence under S. 379.   No charge would lie under section 379, Pakistan Penal Code, for taking paddy out of the possession of the complainant when he was debarred from entering upon the disputed land and exercising any act of possession in respect thereof by an order under section 144 of the Criminal Procedure Code, served on him before the date of occurrence.   Mofiz Ali and others v. Rajab Ali 4 D L R 490 fol.   Criminal Procedure Code (V of 1898), S. 144-Order must be served personally on the person affected.   An order under section 144 of the Code of Criminal Procedure is required under the Criminal Procedure Code to be served personally on the persons sought to be restrained and, therefore, an order vacating that order must also be served personally on the persons sought to be affected by it.   Practice and Procedure-Subordinate Courts bound by High Court rulings-High Court rulings-Yield only to rulings of Supreme Court.   The decisions of High Court must be preferred by the Courts subordinate to it to any decision of any other High Court if directly in point and can only yield to the decisions of Supreme Court of the country. JUDGMENT RAHMAN, J.-This Rule was issued at the instance of five accused-petitioners who have been convicted under sections 379 and 143 of the Pakistan Penal Code. Petitioner No. 1 has been sentenced to suffer rigorous imprisonment for six months and to pay a fine.of Rs. 303, in default, to suffer rigorous imprison ment for 45 days more under section 379. But no separate sentence has been passed under section 143 of the Pakistan Penal Code. The petitioners 2-5 have however been sentenced to suffer rigorous imprisonment for four months each. Out of the fine, if realised, the sum of Rs. 100 has been directed to be paid to the complainant as compensation.   The petitioners went up on appeal from this order of conviction to the learned Sessions Judge of Kushtia. The learned Sessions Judge has reduced the…