Section 133 in The Code of Criminal Procedure, 1973
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or Sub-Divisional Magistrate
P. Municipalities Act 1961 has no
saving clause when the municipal council is penniless.
[108H]
9. Although the Cr.P.C . and I.P.C ... Cr.P.C. read with the punitive temper of s. 188 I.P.C.
make the prohibitory act a mandatory duty.
Although these two Codes
under Section 133 , Criminal Procedure Code?
Was the case of Belat Ali v. Abdur Rahim 8 C.W.N. 143 : 1 Cr ... Code of Criminal Procedure by one Ram Sagar Mandal, described as one of the second party, against whom proceedings under section 138 , Criminal Procedure Code
133 of Cr.P.C. and since he has passed the order under Section 138
Cr.P.C. without following the procedure, it is unsustainable ... Without adopting the
procedures contained in Section 133 Cr.P.C and 138 Cr.P.C ., he has passed the
order
Cr.P.C. by Sudhir Sinha and 6 others.
3. The petition under Section 482 Cr.P.C. and the present criminal revision are relating ... regard to particular part of section 133 Cr.P.C. before and after amendment of Cr.P.C . in 1973.
28. As the question that
Author: M.P. Chinnappa
Bench: M.P. Chinnappa
ORDER
1. These two petitions came to be filed under Section 482 , Cr.P.C. questioning ... 133 of the old Cr.P.C . Sub-Divisional Magistrate alone was empowered. But sub-sec. (1) of Sec. 133 is amended which reads
proceedings have been started under Section 133 Cr.P.C. and as per Section 138 Cr.P.C. the trial would commence ... Cr.P.C. are without jurisdiction and the same are liable to be set aside in exercise of the power under Section 482 Cr.P
133 Cr.PC is maintainable but as there had been failure of compliance of mandatory requirements under Section 141(2) Cr.P.C. the learned ... nuisance is a public nuisance. Section 133 Cr.P.C. cannot be called in aid. Section 133(1)(d) of the Cr.P.C
initiated by him under Section 133 , Cr.P.C. in accordance with the provisions contained in the Code after notice to the concerned parties ... public nuisance is contained in Sections 133 to 138 , Cr.P.C. Section 133 of the Code deals with conditional order for removal of nuisance
which
has been drawn under Section 133 Cr.P.C. being proceedings
contemplated under the Cr.P.C., no review or recall would be
maintainable ... appropriate steps under Cr.P.C . against the order passed by
the learned Magistrate u/s 136 Cr.P.C. I do not find