Criminal Procedure Code, 1973Section 133, 135, 137, 138,142, 273 – Obstruction to Public Path – Conditional Order – Inquiry Procedure – Ex-parte Proceedings – Jurisdiction of Sub-Divisional Magistrate – Conditional order under Section 133 of the Cr.P.C. is a prerequisite for initiating proceedings to remove obstruction or nuisance. The absence of a formal conditional order undermines the foundation of subsequent proceedings.The inquiry under Section 138 of the Cr.P.C. must involve the presence of the respondent and adherence to procedural fairness.Ex-parte inquiries are impermissible under Section 138 of the Cr.P.C. Joint statements do not suffice; separate statements are mandated by law.
Injunction orders under Section 142 of the Cr.P.C. should only be issued when immediate measures are needed to prevent imminent danger. The pendency of civil proceedings does not preclude the jurisdiction of the Magistrate to address urgent matters under Section 133 of the Cr.P.C
Held: learned SDM gravely erred in initiating the proceedings under Section 133 of Cr.P.C. without passing a formal conditional order, conducting an inquiry in the absence of the respondent that too by recording joint statements and passing an injunction order after recording the statements instead of proceeding under Section 138 of Cr.P.C. Therefore, the proceedings conducted before the learned SDM cannot be sustained. (Para 11, 12, 18, 21, 24, 26)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 19 HP
[2024 HHC 164]
Pardhan Singh Jhouta Vs. State Of Himachal Pradesh And Others
Cr. MMO No. 793 of 2023-Decided on 05-01-2024
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