What is Power of Magistrate to furnish written instructions, etc? What are the procedure on order being made absolute and consequences of disobedience? What is injunction pending inquiry? Section 140, 141 and 142 of Code of Criminal Procedure 1973

Power of Magistrate to furnish written instructions, etc, Procedure on order being made absolute and consequences of disobedience, Injunction pending inquiry are defined under Section 140, 141 and 142 of CRPC 1973. Provisions under these sections are:

 

 

Section 140 of CRPC "Power of Magistrate to furnish written instructions, etc"
(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may -
(a) furnish such person with such written instructions as may seem necessary for his guidance;
(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.
Section 141 of CRPC "Procedure on order being made absolute and consequences of disobedience"
(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code(45 of 1860).

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.


Section 142 of CRPC "Injunction pending inquiry"
(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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