Explain the conditional order for removal of nuisance issued by executive magistrate under Section 133 of Criminal Procedure Code, 1973.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Explain the conditional order for removal of nuisance issued by executive magistrate under Section 133 of Criminal Procedure Code, 1973.
Answer & Explanation:
According to section 133 of the Criminal Procedure Code, 1973, whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers: that the unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or that carrying on any trade or occupation, or keeping of any goods or merchandise, injurious to the health of the community; or that the construction of any building or the disposal of any substance, as is likely to cause conflagration or explosion, should be prevented or stopped; etc. that the building, tent or structure or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood. that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public that the dangerous animal requiring destroying, confining or disposal. such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order- to remove such obstruction or nuisance; or to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise; or to prevent or stop the construction of such building; or to remove, repair or support such building, tent or structure; or to fence such tank, well or excavation; or to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. For initiating prevention under this Section the Magistrate should keep in mind that he is acting purely in the public interest.
Topics: Criminal Law
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