Jan 24, 2018
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Section 144 :Power to issue order in urgent cases of nuisance or apprehended danger

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Section 144 : Power to issue order in urgent cases of nuisance or apprehended danger

Power to issue order in urgent cases of nuisance or apprehended danger (Section 144)

1.  Where in the opinion of :

  1. a District Magistrate,
  2. a Sub-divisional Magistrate or
  3. any other Executive Magistrate

that there exist sufficient ground for proceeding and also ensures immediate prevention or speedy remedy. Such Magistrate may issue written order stating the material facts of the case. It shall also served in the manner provided by section 134.  He may also direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management. If such Magistrate considers that such direction likely to prevent, or tends to prevent:

  1. obstruction,
  2. annoyance or injury to any person lawfully employed, or
  3. danger to human life, health or safely, or
  4. a disturbance of the public tranquility and creating public nuisance, or
  5. a riot, or an affray.

2. An order under this section may passed Ex-parte. Such order passed in case of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed.

3. An order under this section may be directed to

  1. a particular individual, or
  2. persons residing in a particular place or area, or
  3. the public generally when frequenting or visiting a particular place or area.

4. No order under this section shall remain in force for more than two months from the making thereof. Provided that, if the State Government considers it necessary for preventing

  1. danger to human life, health or safety or
  2. for preventing a riot or any affray.

It may direct that an order made by a Magistrate shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have. But for such order, expired, as it may specify in the said notification.

5. Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office.

6. The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to Sub-Section (4).

7. Where an application under Sub-Section (5), or Sub-Section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

Power to prohibit carrying arms in procession or mass drill or mass training with arms (Section 144A)

1. The District Magistrate may by public notice or order prohibit any area within the local jurisdiction. If he has a reason to believe that the activity of the carrying of arms in any procession or the organizing or holding of, or taking part in, any mass drill or mass training with arms in any public place. Such order shall also given whenever he considers it necessary for

  1. the preservation of public peace or
  2. public safety or
  3. also for the maintenance of public order.

2. A public notice issued or an order made under this section may directed to a particular person or persons belonging to any community, party or organisation.

3. Public notice issued or an order made shall not remain in force for more than three months from the date on which such order issued.

4. The State Government may direct that order issued by District Magistrate shall remain in force for further period also. But shall not exceed such further period more than six months. Such direction given by State Government because it considers necessary for the preservation of public peace or public safety or for the maintenance of public order and preventing public nuisance.

5. The State Government may also as it may deem fit to impose, by general or special order, delegate its powers to the District Magistrate.

Article Categories:
Criminal law

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