We would like to point out that the position under the 1898 Code, wherein separation between the judicial functions and executive or administrative functions of Magistrates did not obtain, was quite different and the power to act in urgent cases of nuisance and apprehended danger to public tranquility under section 144 1122 of the Code had been conferred on "District Magistrates, Chief Presidency Magistrates, Sub Divisional Magistrates, or other Magistrates specially empowered by the State Government" and it was in those circumstances that the view prevailed in the decisions of several High Courts that the order passed by a Magistrate under section 144 of that Code was a judicial order and it must be pointed out that all the decisions including those of this Court that have been relied upon by counsel for respondents 5 and 6 are in relation to the said section under that Code, while the position under the new Criminal Procedure Code 1973 is entirely different whereunder the scheme of separation of judicial functions from executive functions of the Magistrates, as recommended by the Law Commission has been implemented to a great extent.