What kind of orders are passed under section 133 CrPC by the Magistrate?

But Section 133 is the most important one; it provides conditional orders as a remedy for public nuisance. This section empowers a District Magistrate or Sub- Divisional Magistrate or any other Executive Magistrate to pass a conditional order, on receiving a report from a police officer after considering the evidence.

What is the purpose of section 133 of Indian Criminal Procedure Code?

The object of Section 133 of the Code of Criminal Procedure, 1973 is to enable the Magistrate to pass quick order and deal speedily where public nuisance or obstruction is made.

Who can make the order for removal of nuisance?

Conditional order for removal of nuisance. –(1) Whenever a [Magistrate of the first class] considers, on receiving a police report or other information and on taking such evidence (if any) as he thinks fit.

What does section 133 say?

—Whoever abets an assault by an officer, soldier, 1[sailor or airman], in the Army, 2[Navy or Air Force] of the 3[Government of India], on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be …

What is complaint in CRPC?

Section 2(d) in The Code Of Criminal Procedure, 1973. (d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

What is the difference between Section 133 and 144 of CRPC?

The fundamental difference between the two sections is that an order affecting Section 133 can be passed only after a police report is received by the magistrate, while the decision to impose Section 144 can be taken without the police report.

What is complaint in CrPC?

Can PIL be filed under section 133 of CrPC?

PROCEDURE TO FILE A PIL Any of these courts can be approached for filing the petition in the interests of the public or for public welfare[4]: Supreme Court under Art. The Court of Magistrate under Sec. 133 of Cr.

What is the difference between Section 133 and 144 of CrPC?

Who can make a complaint under CrPC?

A victim or the person who has knowledge about the commission of a crime can file a complaint under Section 200 in the Code Of Criminal Procedure, 1973. The Magistrate who takes the cognisance of an offence upon complaint examines the complainant and the witness, if any, upon oath.

What procedure is adopted after receiving complaint by Magistrate?

If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall:

• if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
• if the complaint is not in writing, direct the complainant to the proper Court.

What are the conditions for the application of Section 133 CrPC?

CONDITION PRECEDENTS FOR THE APPLICATION OF SECTION 133 CrPc. In order to provide a sanction under Section 133 the Magistrate must be satisfied that- 1. It is a public nuisance i.e. the number of persons injuriously affected is so considerable that they may reasonably be regarded as the public or a portion of it.

What is section 133 of the Code of Civil Procedure?

The object and purpose behind S. 133 of the Code are essential to prevent public nuisance and involves a sense of urgency in the sense that if the magistrate fails to take recourse immediately irreparable damage would be done to the public. It applies when the nuisance is in existence.

Can a complaint under Section 133 of PC be filed in court?

The records disclose that initially a complaint under Section 133 of Cr.PC was filed which was pursued with all sincerity upto the High Court. But the High Court held that the dispute between the parties could be better resolved if a proper civil suit is filed and when evidence is led with regard to the disputed questions of fact.

What are the powers of Sub-Divisional Magistrate under Section 133 CrPC?

Even the Water (Prevention and Control of Pollution) Act, 1974 has not taken away powers of the Sub-Divisional Magistrate under Section 133 CrPC. The Sub-Divisional Magistrate has power to close a factory causing pollution, when appreciation certificate from the Pollution Control Board is not produced.