CrPC 144 — Power to issue order in urgent cases of nuisance or apprehended danger

Code of Criminal Procedure, 1973

Statutory text

(1) In cases where, in the  opinion  of  a  District  Magistrate,  a  Sub-divisional  Magistrate  or  any  other  Executive  Magistrate  specially
empowered  by the State Government in this behalf, there is sufficient ground for proceeding under this section
and immediate prevention  or speedy remedy is desirable, such Magistrate may, by a  written order stating the
material facts of the case and served in the manner provided by section 134, 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 is likely to prevent, or tends to prevent, obstruction, annoyance
or  injury  to  any  person  lawfully  employed,  or  danger  to  human  life,  health  or  safety  or  a  disturbance  of  the public tranquillity, or a riot, or an affray.
(2) An  order  under  this  section  may,  in  cases  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, be passed ex parte.
(3) An  order  under  this  section  may  be  directed  to  a  particular  individual,  or  to  persons  residing  in  a particular place or area, or to 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 so to do for preventing danger to human life,
health  or  safety  or  for  preventing  a  riot or  any  affray,  it  may,  by  notification,  direct  that  an  order  made  by  a
Magistrate  under  this  section  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.

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