Jan 24, 2018
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Powers of Magistrate under Maintenance Of Public Order And Tranquility

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Powers of Magistrate under Maintenance Of Public Order And Tranquility

Power of Magistrate to direct local investigation and examination of an expert (Section 139)

The Magistrate may :

  1. direct to conduct a local investigation by such person as he thinks fit; or
  2. summon and examine an expert.

Such investigation and examination conducted for the purposes of an inquiry under section 137 or section 138.

Power of Magistrate to furnish written instructions, etc. (Section 140)

1. Where the Magistrate directs a local investigation by any person under section 139.

The Magistrate may

  1. give written instruction to such person as may seem necessary for his guidance;
  2. declare who shall pay, the whole or any part of the necessary expenses of the local investigation.

2. The report of such person may treated as evidence in the case.

Where the Magistrate summons and examines an expert under section 139. The Magistrate may direct who will pay the costs of such summoning and examination.

Magistrate may prohibit repetition or continuance of public nuisance (Section 143)

The State Government has empowered

  1. A District Magistrate or
  2. Sub-divisional Magistrate, or
  3. Any other Executive Magistrate

to act under this Section. Any of such Magistrate may order any person not to repeat or continue a public nuisance for keeping public order as defined in the Indian Penal Code or local law.

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.

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.

Power to attach subject of dispute and to appoint receiver (Section 146)

If the Magistrate at any time after making the order :

  1. considers the case as emergency case or
  2. if he decides that none of the parties in the case such possession as referred to in section 145, or
  3. if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute.

He may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof.  Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.

When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any civil Court, make such arrangements as he considers proper for looking after the properly or if he thinks fit. Appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908. Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any civil Court, the Magistrate-

  1. shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the civil Court and shall thereafter discharge the receiver appointed by him;
  2. may make such other incidental or consequential orders as may be just.

 

Article Categories:
Criminal law

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