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Status Quo under u/s 144 (2) of CrPC
19-Mar-2023 (In Property Law)
My property has a toilet within my land, but outside the main structure of the home. My neighbor has been vehemently opposing this construction of Toilet for last 20 years.However, local panchayat never requested us to dismantle the structure. Although last year we agreed to dismantle this toilet, as it is of no use to us. This year, we started some minor repair of my house and also planned to dismantle structure before painting. We also started constructing another toilet within my home.
In the meantime, my neibhour filed a case at the local sub divisional magistrate court objecting my new toilet construction and accused me of being reluctant for dismantling the disputed structure. They have accused me of encroaching in their property with this toilet. They also accused me of being abusive towards my neibhour.
Now, I wish to settle the case as early possible, as I am agreed to dismantle the structure and willing to continue construction of the additional toilet at my residence.
Actually the order of the executive magistrate under section 144(2) Cr.P.C is valid for only 2 month.
Otherwise Firstly you have to get a certified copy of the order and petition then filed a criminal revision (motion) for stay the order of executive magistrate before the D.J. or ADJ. If the matter has stayed by an order of Learned Judge them you can further construct your building. I suggest you to consult a lawyer for taking further steps.
Otherwise Firstly you have to get a certified copy of the order and petition then filed a criminal revision (motion) for stay the order of executive magistrate before the D.J. or ADJ. If the matter has stayed by an order of Learned Judge them you can further construct your building. I suggest you to consult a lawyer for taking further steps.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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What is the 144 CrPC rule?
The Criminal Procedure Code of 1973, Section 144, allows the Executive Magistrate to issue an injunction to prevent the gathering of four people or more. The law states that every member of an 'unlawful gathering' is liable for rioting.
What is the use and misuse of Section 144 CrPC?
The Section 144 is Subject to Misuse
According to some, the powers granted to the Executive Magistrates under S.144(1) are extremely broad. He can issue an order to take action or refrain from taking action. 17-Jul-2022
What are the rules for IPC 144?
Anyone who is armed with a deadly weapon or anything that, when used as an offensive weapon, can cause death and is a part of an illegal assembly is punished by imprisonment for up to two years or a fine.
What is the validity of 144 2 CrPC?
The duration of an order under Section 144 CrPC
As has been said, a magistrate cannot occasionally revive or resuscitate an order. This would be a clear abuse of power. Each order issued under section 61 has a 2-month expiration date. 17-Jul-2022
(2) In cases of urgency or where circumstances prevent the proper service of an order to the person directed by the order, the order may be issued ex parte.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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