CODE OF CRIMINAL PROCEDURE, 1973

Procedure where he appears to show cause (1) If the person against whom an order under section 133 is made appears and show cause against the order, the Magistrate shall take evidence in the matter as in a summons case. (2) If the Magistrate is satisfied that the order, either as originally made or subject […]

Procedure where existence of public right is denied 1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was

Consequences of his failing to do so If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), and the order shall be made absolute.

Person to whom order is addressed to obey or show cause The person against whom such order is made shall— (a)   perform, within the time and in the manner specified in the order, the act directed thereby; or (b)   appear in accordance with such order and show cause against the same. COMMENTS LAW

Service or notification of order (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of a summons. (2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Government may, by

Conditional order for removal of nuisance (1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a)   that

Protection against prosecution for acts done under preceding sections (1) No prosecution against any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except— (a)   with the sanction of the Central Government where such person is an officer or member

Power of certain armed force officers to disperse assembly When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and

Use of armed forces to disperse assembly (1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. (2) Such Magistrate may require

Dispersal of assembly by use of civil force (1) Any Executive Magistrate or officer-in-charge of a police station or, in the absence of such officer-in-charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the