Procedure where person against whom order is made under section 152 appears to show cause
AI Assist
Summary
When a person against whom an order is made appears and shows cause, the magistrate must take evidence as in a summons-case. If the magistrate is satisfied the order (as originally made or with necessary modification) is reasonable, it is made absolute. If not satisfied, no further proceedings are taken. The process must be completed as soon as possible, within 90 days, extendable to 120 days with reasons recorded.
Example
Ravi, a shopkeeper, is given an order to stay away from a local market after complaints from neighbours. He appears and shows cause; the magistrate hears evidence like in a summons-case. If the magistrate finds the order reasonable, it becomes absolute, possibly with modification. If not, the proceedings stop.
Bare Act
Enacted text(1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case:
Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.
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