Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - There is no allegation with respect to violation of principles of natural justice - Even, petitioner could not establish her case with support of any documentary evidence, Court cannot go much beyond pleadings - Since order passed u/ss 133, 138(2) Cr.P.C after..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - Cannot be sustained in absence of conditional order...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - SDM proceeded u/s 133 Cr.P.C without passing a conditional order - Passing of conditional order gives jurisdiction to SDM to proceed further - He treated private dispute as a public dispute - SDM thus, committed jurisdictional error which can be rectified in proceedings u/s 482 Cr.P.C. - Order of..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - No person can unlawfully obstruct or create nuisance on a public place or over any way and if it has been done or construction is raised, same is liable to be removed u/s 133 Cr.P.C - Merely because it may not have completely created obstruction to public, it cannot be said that person, who has..........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C - District Magistrate or Sub-divisional Magistrate or any Executive Magistrate u/s 133 Cr.P.C cannot take action based on any `complaint', as S.133 Cr.P.C clearly states that action taken is based on a `report' of a police officer or other `information'...........
Criminal Procedure Code, 1973, Section 133, 256 -- Proceedings u/s 133 Cr.P.C - Invocation of Power u/s 256(1) Cr.P.C - Executive Magistrate or Sub Divisional Magistrate or District Magistrate cannot invoke S.256 Cr.P.C in a proceedings u/ss 133 to 138 of Cr.P.C...........
Criminal Procedure Code, 1973, Section 133(1) -- Public nuisance - SDM omitted to pass a conditional order of removal of nuisance u/s 133(1) Cr.P.C and without passing a preliminary order, directly proceed to enquire into the matter and passed final order directing removal of nuisance - There is thus, non-compliance of S.133 Cr.P.C - Impugned order set aside - Matter..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - If an area is affected by traffic problem due to uncontrolled parking in a building premises, S.133(1)(a) or S.133(1)(b) Cr.P.C cannot be invoked by District Magistrate...........
