Sec. 133: Removal of Nuisance. On receiving report of a Police officer or other information (taking evidence) If immediate steps are not taken irreparable injury will be done. To act in the interest of public. Not a Private Dispute. Conditional Order to be passed. Final Order u/s. 411.
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On receiving report of a Police officer or
other information (taking evidence)
Sec. 135: Person against whom order u/s. 133 is made shall:a) perform within the time and in the manner specified,b) appear and show cause.Sec. 136: If the person does not act or appear and show cause he shall be liable to penalty prescribed in S.188 IPC.Sec. 137: (1) Enquiry if the person denies, (2) If reliable evidence is found in support of denial, the Magistrate shall stay the proceedings until a Civil Court decides.
Sec. 138: (1) When the person appears and shows cause, evidence shall be taken. (2) If the Magistrate is satisfied that the order passed is reasonable and proper, the Order shall be made absolute with or without modification. (3) If Magistrate is not satisfied, further proceedings shall take place.
Sec. 139: Magistrate may direct….Sec. 141: (1) Notice to the person to obey the order within specified time [prior to passing order u/s. 136], (2) Attachment and sale when not obeyed.Sec. 143: Order not to repeat or continue public nuisance.
Provided that such Magistrate may withdraw the attachment at any time.
Provided : when Receiver is subsequently appointed by Civil Court, Magistrate --------
[Ganpat Sing & others V State & another, 1995, Cr LJ Rajasthan (HC)]
Dispute concerning right of use of land or water:
Proceedings commenced u/s 145 can be transferred to s. 147 and vice versa.
Sec. 196 (1) No Court shall take cognizance of:(a) Offence punishable u/s. 153A, 153B, 295A, 505(1) IPC.(b) Criminal conspiracy to commit such offence.(c) Any such abetment described in S. 108A IPCExcept previous sanction of Central/State Govt.
Sec. 196(1A): No Court shall take cognizance of:
Any offence punishable u/s 153B, 505(2) or 505(3) IPC.
Criminal Conspiracy to commit such offence.
Except previous sanction of Central/State Govt. or DM.
EM, under order of DM/SDM to cause investigation and draw up reports in presence of 2 or more respectable persons.
Report to be signed by Police officers and others.
S. 176(4) When the enquiry is held the Magistrate to inform relatives to remain present.
Statement of witness u/s. 162.
Magistrate holding Inquest u/s. 176 may record confession, even not empowered.Inquest