AI Overview...
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Vacating Orders by Executive Magistrates - Orders under Section 144 Cr.P.C. can be vacated or modified by Magistrates if the conditions justifying initial imposition are no longer present. Courts have examined whether Magistrates exceeded their jurisdiction or improperly vacated such orders, especially when orders were passed ex parte or mechanically without judicial scrutiny. For example, the High Court has the power under Section 482 Cr.P.C. to interfere with or undo mischief caused by Executive Magistrates' orders (00900014096).
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Jurisdiction and Validity of Orders - The validity of orders under Section 144 hinges on the Magistrate's satisfaction that a breach of peace or public tranquility exists. Courts have held that Magistrates must record their satisfaction explicitly before passing such orders (00900009137). Orders passed without proper satisfaction or in violation of procedural requirements are liable to be set aside.
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Procedural Requirements and Judicial Oversight - The law mandates that Magistrates must act judiciously, recording reasons and ensuring the existence of a threat to peace before passing prohibitory or attachment orders. Orders passed ex parte or without proper application of judicial mind are often challenged and can be quashed (02200007557, 00500004866).
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Vacating and Modification of Orders - Orders under Section 144, including prohibitory or attachment orders, can be vacated or modified by Magistrates if the circumstances change or if such orders are found to be improperly issued. The courts have emphasized that Magistrates' orders are subject to judicial review and can be set aside if they violate legal principles or procedural safeguards (00900035240, 00900014067).
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Role of Higher Courts - The High Court has the authority under Section 482 Cr.P.C. to interfere with or set aside orders passed by Executive Magistrates that are illegal or unjustified, ensuring the protection of individual rights and proper judicial functioning (00900014096).
Analysis and Conclusion:
Orders under Section 144 Cr.P.C., including those vacating previous prohibitory or attachment orders, are valid only if the Magistrate records satisfaction of the necessary conditions. The courts have consistently held that such orders can be vacated or modified if they were improperly issued, passed ex parte, or without proper judicial reasoning. The High Court retains the power to intervene under Section 482 to prevent misuse or miscarriage of justice by Executive Magistrates. Therefore, the vacating of orders under Section 144 must adhere to procedural fairness, judicial scrutiny, and the fundamental requirement of establishing a threat to peace or order.
Search Results for "Vacating of other of Executive Magistrate under Section 144 of Cr P C"
1975 0 Supreme(Cal) 262 • India - Calcutta
A.N.BANERJEE
The opposite party then filed an application under Section 144 of the Code of Criminal Procedure before the Sub-Divisional Executive ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 144, 145 - LAND REFORMS ACT, 1955 - SECTION 18, 21(3) - BARGADAR - JURISDICTION - MAGISTRATE ... Issues: Whether the Magistrate erred in converting the proceeding under Section 144 of the Code of Criminal Procedure into ... JUDGEMENT ... Or....
1988 0 Supreme(Cal) 359 • India - Calcutta
SUSANTA CHATTERJI
Whether the interim order passed by the Executive Magistrate was valid and justified? 2. ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 144 - INTERIM ORDER - VACATION - EX PARTE ORDER - MISCHIEF - REMOVAL OF WALL - JURISDICTION ... under Section 144(2) of the Code of Criminal Procedure, 1973, directing the police to assist the petitioner in erecting a boundary ... It was stated in the writ petition that one Sankar Kumar Mukherjee the petitioner, is an authorised representative of one Bisw....
2023 0 Supreme(Del) 988 • India - Delhi
MANOJ KUMAR OHRI
Executive Magistrate Durgapur in a Section 144 of Cr.P.C. Application.Order dated 04.11.2022 has been passed by the Hon'ble High Court wherein the order dated 01.11.2022 was stayed. ... Respondent No.5 is the Executive Director (RM) & CFTM/ER, Railway Board, Kolkata. ... of Section 20(c) CPC shall apply to the writ proceedings also. ... 03.11.2022A Vacating Application being CRAN 1 of 2022 has been filed by Mr. Deepak Joshi, being Opposite Party No.2. ... When an orde....
1989 0 Supreme(Cal) 80 • India - Calcutta
M.K.MUKHERJEE
State of Maharashtra, AIR 1961 SC 884, which held that before an Executive Magistrate can pass any order under Section 144, Cr. ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 144 - ORDER UNDER SECTION 144 - REQUIREMENTS - MAGISTRATE MUST RECORD SATISFACTION THAT ... C. before the Executive Magistrate, Barrackpore alleging disturbance of peaceful possession of land. ... A plain reading of S. #HL_START....
2003 0 Supreme(Ori) 283 • India - Orissa
L.MOHAPATRA
C. and the validity of the prohibitory order passed by the Executive Magistrate. ... The Executive Magistrate passed a prohibitory order, which was later made absolute. ... Revision No. 2/2003 was set aside, leading to the quashing of all orders passed by the Executive Magistrate pursuant to the direction ... In view of such a provision in the section, there cannot be any dispute that no prohibitory order passed by the Executive Magistrate#....
• India - Crimes
M.K.MUKHERJEE
(i) Criminal Procedure Code, 1973 - Sections 144 and 145 - Application under section 144-To act under section 144(1), the Magistrate ... and 14S-Proceedings under section 144-Magistrate did not record any satisfaction that there was any breach of the peace which necessitated ... initiating a proceeding under section 144-He called for a, report from the Police Station to obtain s....
1985 0 Supreme(Cal) 375 • India - Calcutta
S.P.DAS GHOSH
The High Court has power, under section 482 Cr. P. C., to undo any mischief done by an Executive Magistrate. ... The High Court has power, under section 482 Cr. P. C., to undo any mischief done by an Executive Magistrate. ... The Magistrate initiated a proceeding under section 144 Cr. P. C. and directed both parties to show cause. ... Even, in respect of orders passed by an Executive Magistrate un....
1985 0 Supreme(Cal) 208 • India - Calcutta
AMITABHA DUTTA
Whether the Magistrate was justified in vacating the order of attachment and dropping the proceedings under Section 145 of the Cr.P.C ... Finding of the Court: The High Court held that the impugned order of the Magistrate vacating the order of attachment ... CRIMINAL PROCEDURE CODE - SECTION 145 - LAND DISPUTE - POSSESSION - ATTACHMENT - VACATION OF ATTACHMENT - JURISDICTION OF MAGISTRATE ... On 27-1-1981 the learned Executive Magistrate#....
1968 0 Supreme(Ori) 20 • India - Orissa
G.K.MISRA
under Section 144, Cr. ... Sachidananda and his father filed a petition before the Additional District Magistrate (Executive), Cuttack, to alter or rescind ... the original order passed under Section 144, Cr. ... When a particular party approaches the Executive Criminal Courts, ex parte orders under Section 144(2) are most often passed mechanically without application of judicial mind. ... ... The sub-section enjo....
• India - Crimes
S.P.DAS GHOSH
illegal order of an Executive Magistrate liable to be interfered with? ... Criminal Procedure Code, 1973 - Section 144 - Magistrate passed an order under - Life of such order - Two months -Period of 2 months ... from the date of the order expired –Effect - Restoration of possession of the premises cannot be directed -Section 482-Whether an ... Even, in respect of orders passed by an Executive Magistrate under section 144#H....
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