proceeding under Section 133
of the Code of Criminal Procedure (hereinafter referred to as the
' CrPC ').
3. The petitioners are further ... CrPC thereafter provides procedure
where a person against whom an order under Section 133 CrPC
is made appears and shows cause
incumbent upon the
Magistrate to take steps under
section 137 Cr.P.C. which
provides that after such a denial
the Magistrate has to conduct ... petitioner to
initiate a proceeding under Section 133 of the
Code of Criminal Procedure merely on the report
of the Circle Officer. He submits that
Executive Magistrate passed an order under Section 133 of the Code of Criminal Procedure directing the petitioner to remove the wire fencing and drain from ... show cause denying the public passage. Section 137 of the Code of Criminal Procedure reads as under :
Section 137
(1) Where an order is made
whereby and whereunder a proceeding under Section 133 of the Code of Criminal Procedure, 1973 was initiated.
2. The fact of the matter lies ... were directed to be issued under Section 133 of the Code of Criminal Procedure in Form No. 20 appended to the schedule of the Code
which was a proceeding under Section 133 of the Code of Criminal Procedure and through this order the petitioner was directed to remove alleged public ... report has drawn up a proceeding under Section 133 of the Cr.P.C. and passed a conditional order on 2.11.96 asking the petitioner
different from the provisions
applicable to a revision under the Criminal
Procedure Code . It was alleged that once the
brick-kiln is stopped Duli Chand ... order made under section 137 does not exist.
Chapter X-B, Criminal Procedure Code is
not the exclusive remedy in respect of public
nuisance. Many
Court proceeded on the assumption that Section 417 (4) of the
Criminal Procedure Code prescribes a period of limitation. The learned
counsel, however, contends that ... Code
itself."
The basis of this decision is that sub-section (4) of Section 417 of
the Code of Criminal Procedure
into a criminal conspiracy or to indulge in criminal misconduct. Want of sanction under Section 197 of the Code of Criminal Procedure is, therefore ... available, a criminal prosecution is completely barred".
22. It is also well settled that the jurisdiction under Section 482 , Criminal Procedure Code
Vijay Sharma vs The State Of Bihar on 3 July, 2013
Author: V.N. Sinha
Avinash Chandra Sharma @ Avinash ... vs The State Of Bihar on 3 July, 2013
Author: V
