CrPC Section 138 — Procedure where he appears to show cause

Summary

Sub-section (1) If the person subject to an order under section 133 appears and challenges it, the Magistrate must take evidence in the matter using the procedure for a summons-case.

Sub-section (2) If the Magistrate considers the order reasonable and proper, either as originally made or with changes the Magistrate considers necessary, the order is made final as written or with those changes.

Sub-section (3) If the Magistrate is not satisfied that the order is reasonable and proper, no further steps are taken in the case.

Official Text

(1) If the person against whom an order under section 133 is made appears and shows 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(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

Sections referred to

• CrPC §133 — Conditional order for removal of nuisance

Referred to by

• CrPC §137 — Procedure where existence of public right is denied
• CrPC §139 — Power of Magistrate to direct local investigation and examination of an expert
• CrPC §141 — Procedure on order being made absolute and consequences of disobedience
• CrPC §354 — Language and contents of judgment

Related Judgments

• TGN KUMAR vs STATE OF KERALA AND ORS — Supreme Court of India (2011)
• AJAY KUMAR RADHEYSHYAM GOENKA vs TOURISM FINANCE CORPORATION OF INDIA LTD — Supreme Court of India (2023)
• K.M. IBRAHIM vs K.P. MOHAMMED AND ANR — Supreme Court of India (2009)
• S. ANAND vs VASUMATHI CHANDRASEKAR — Supreme Court of India (2008)
• RAJ KISHORE SHARMA vs STATE & ANR — Delhi High Court (2016)
• AG vs SHIV KUMAR YADAV &ANR — Supreme Court of India (2015)

Old <-> New Code Mapping

• BNSS §157 — Procedure where person against whom order is made under section 152 appears to show cause