Injunction pending inquiry
AI Assist
Summary
When a Magistrate finds immediate measures are needed to prevent imminent serious danger or injury to the public, he may issue an injunction to the person concerned to prevent that danger while the matter is decided. If the person disobeys, the Magistrate may use or authorise such means as necessary to stop the danger. Acts done in good faith under this power cannot be the subject of a suit.
Example
Ravi runs a temporary welding stall next to a school, producing heavy smoke that threatens students' health. The Magistrate issues an injunction ordering him to stop operations pending inquiry. When Ravi ignores it, the Magistrate removes the welding equipment to prevent harm; no suit lies for acts done in good faith.
Bare Act
Enacted text(1) If a Magistrate making an order under section 133 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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