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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.
Answers (2)

Answer #1
805 votes
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.
Answer #2
438 votes
(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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