HC-NIC C/WPPIL/191/2015 ORDER Code. Learned advocate relied on various paragraphs and attempted to submit that Section 144, Cr.P.C. could not be invoked to smother the enjoyment of fundamental right. The facts of that case were entirely different where the order was passed under Section 144 of the Code at 11.30 p.m. and the officers of police were shown to have unleashed lathi charge on the persons and devotees who were sleeping at the Ramlila Maidan. The Supreme Court found that the action of the policemen was brutal and arbitrary. It was in that background of fact situation that the Supreme Court did not approve issuance of order under Section 144 of the Code. 16. In view of the above, we do not find any case made out for interference. Hence, the petition is dismissed. (JAYANT PATEL, ACJ.) (N.V.ANJARIA, J.) pirzada Page 15 of 15 Page 15 of 15 Created On Thu Sep 17 08:11:45 IST 2015