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CrPC, 1973
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CrPCChapter XSection 138
Section138

Procedure where he appears to show cause

AI Assist

Summary

When a person against whom a provisional order under section 133 is made appears and shows cause, the Magistrate must take evidence as in a summons-case. After hearing the evidence, if the Magistrate considers the order reasonable (either as made or after modification), the order is made absolute. If the Magistrate is not satisfied, no further proceedings are taken.

Example

Arjun gets a provisional order stopping him from running a roadside workshop after neighbours complain. He appears and shows cause; the Magistrate records evidence as in a summons-case. If the Magistrate finds the order reasonable with or without changes, the order is made absolute; if not, proceedings are dropped.

Bare Act

Enacted text

(1) If the person against whom an order under section 133 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may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.

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X

Chapter X

Maintenance Of Public Order And Tranquillity

In this chapter

  • 129Dispersal of assembly by use of civil force
  • 130Use of armed forces to disperse assembly
  • 131Power of certain armed force officers to disperse assembly
  • 132Protection against prosecution for acts done under preceding sections
  • 133Conditional order for removal of nuisance
  • 134Service or notification of order
  • 135Person to whom order is addressed to obey or show cause
  • 136Consequences of his failing to do so
  • 137Procedure where existence of public right is denied
  • 138Procedure where he appears to show cause
  • 139Power of Magistrate to direct local investigation and examination of an expert
  • 140Power of Magistrate to furnish written instructions, etc
  • 141Procedure on order being made absolute and consequences of disobedience
  • 142Injunction pending inquiry
  • 143Magistrate may prohibit repetition or continuance of public nuisance
  • 144Power to issue order in urgent cases of nuisance or apprehended danger
  • 144APower to prohibit carrying arms in procession or mass drill or mass training with arms
  • 145Procedure where dispute concerning land or water is likely to cause breach of peace
  • 146Power to attach subject of dispute and to appoint receiver
  • 147Dispute concerning right of use of land or water
  • 148Local inquiry
Previous · Section 137Procedure where existence of public right is deniedNext · Section 139Power of Magistrate to direct local investigation and examination of an expert