Injunction pending inquiry
AI Assist
Summary
When a magistrate thinks immediate steps are needed to prevent serious or imminent danger to the public, he may issue an injunction against the person concerned while the matter is being inquired into. If that person disobeys, the magistrate may himself use or cause to be used any means he considers fit to prevent the danger. Acts done in good faith under this power cannot be the subject of a suit.
Example
Priya stores large quantities of solvents in a rented shop next to a crowded market. A magistrate, fearing imminent public danger, issues an injunction requiring her to stop storage pending inquiry. Priya refuses and continues; the magistrate arranges removal of the solvents to avert harm. Priya cannot sue for those good-faith steps.
Bare Act
Enacted text(1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
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