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
Siwani
District Bhiwani in case under Section 133 of the Code of Criminal
Procedure directing the petitioner to remove the alleged encroachment of
passage within ... property was involved in the matter. No mandatory
procedure under Section 137 Cr.P.C. was followed. Not only this, the
alleged passage was left
Judicial Magistrate
who exercised preventive jurisdiction under the Code of Criminal Procedure
to ensure that law and order prevailed in the areas under his jurisdiction ... judis
Crl.RC.No.137 of 2018 etc., cases And
Crl.RC.No.78 of 2020 etc., cases
of Criminal Procedure?
III.SUBMISSIONS
Judicial Magistrate
who exercised preventive jurisdiction under the Code of Criminal Procedure
to ensure that law and order prevailed in the areas under his jurisdiction ... judis
Crl.RC.No.137 of 2018 etc., cases And
Crl.RC.No.78 of 2020 etc., cases
of Criminal Procedure?
III.SUBMISSIONS
Judicial Magistrate
who exercised preventive jurisdiction under the Code of Criminal Procedure
to ensure that law and order prevailed in the areas under his jurisdiction ... cases And
Crl.RC.No.78 of 2020 etc., cases
27. The Executive Magistrate is a creation of the Code of Criminal
Procedure , 1973. Under
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
passed resolution dated
27.11.2015. It is further contended that procedure under Section 137 & 138
Cr.P.C. has not been followed.
5. In reply ... exchanged
with an alternate passage.
10. Section 133 of the Code of Criminal Procedure provides about
the conditional order for removal of nuisance, which
learned S.D.O., Chas, Bokaro,
without following the procedure laid down under Section 138 Cr.P.C. has
passed the order, under Section ... under Sections 137 or 138 Cr.P.C .,
there is procedure prescribed in Section 139 Cr.P.C., which is quoted
hereinbelow:-
"139. Power
directed to
decide the Criminal Case No. 11/10 of
2016-17 U/S 133 (1)(a) Cr.P.C . State
Vs. Manager/Administrator, Madhuban ... that his application filed under
Section 133 of the Code of Criminal Procedure,
1973 (hereinafter referred to as "the Code" for
brevity
300A of the Constitution of India and
the provisions of Criminal Procedure Code and to pass such
other order or orders...."
2. Heard ... crime under Section 306
2
r/w 34 IPC have registered a crime under Section 174
Cr.P.C. and there is sufficient material available
