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
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
Section 140 of CRPC "Power of Magistrate to furnish written
(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
(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
(3) No suit shall lie in respect of anything done in good faith
by a Magistrate under this section.