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Q. Sec 144 against property

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BIPLAB DAS

posted 1 week ago

Q.Sec 144 against property
Sir I want to know that can against my property for construction work any body can put 144 section after 60 days Or expired day

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 week ago

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A. ) Dear Sir
It can be used if there is law and order problem.
Section 144 in The Code Of Criminal Procedure, 1973
144. Power to issue order in urgent cases of nuisance of apprehended danger.
(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 tranquility, or a riot, of 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.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 1 week ago

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A. ) Dear Sir,
Section 144 of CrPC can be invoked only when there is law and order problem.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 week ago

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A. ) If any mejor issue against the public property then only

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 week ago

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A. ) dear client Action under this section is anticipatory, that is, it is utilized to restrict certain actions even before they actually occur. Anticipatory restrictions are imposed generally in cases of emergency, where there is an apprehended danger of some event that has the potential to cause major public nuisance or damage to public tranquility. The gist of action under S.144 is the urgency of the situation; its efficacy is the likelihood of being able to prevent some harmful occurrences. Preservation of the public peace and tranquility is the primary function of the Government and the aforesaid power is conferred on the Executive Magistracy enabling it to perform that function effectively during the emergent situations.

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