Conditional order for removal of nuisance.--Procedure to be followed
Going by the above provision, it can be seen that
only a conditional order can be issued under Section
133 CrPC, giving an opportunity to show cause for
not making the order absolute and that an
absolute/final order can be issued only under
Section 138 CrPC. In the event, the party aggrieved
opposes the notice and shows cause for not
complying with the conditional order, it is for the
lower authority to conduct enquiry and decide the
case on merits. Here no any such procedure is seen
followed by the lower authority. The notice dated
20/9/2005 would not show that any opportunity was
given to the petitioner to show cause for not
complying with the order. Though the revision
petitioner denied any further threat, without any
enquiry or finding regarding any threat to be abated,
Annexure A1 order was issued. It is clear violation
of the procedure laid down by CrPC. Therefore, it
would go without saying that the order impugned is
not sustainable and liable to be interfered.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 700 of 2006 ( )
-------------------------------
V.P.SUBAIDA, W/O.SIDHIQUE,
V
1. REVENUE DIVISIONAL OFFICER,
OTTAPALAM.
https://www.lawweb.in/2013/06/conditional-order-for-removal-of.html
