GOVERNMENT IS RESPONSIBLE TO ISSUE EMERGENT POWERS TO DISTRICT MAGISTRATES AND THE SDMs UNDER CrPC 133 AND 144 WHERE FOUND NECESSARY IN PROVISION MADE BECAUSE OF CREATED NUISANCE AND APPREHENDED DANGER AT THE SITE OF DISPUTES

State Government of Himachal pradesh is responsible to advise the district magistrates of all the districts of Himachal pradesh, to ensure the compliance of CrPC 133 and 144 Cr PC regarding to issue prohibitory orders under this provision of the code for consideration and application thereof, but the orders must not be passed in a mechanical manner and should be a speaking order under this provision of the such emergent powers, required to be exercised by the district and the sub divisional magistrates . Where ever and whenever the such occasion verified by the administration related to the emergent cases of nuisance, and apprehended danger, due care and caution should be exercised, while passing orders judiciously. The statutory provisions under this provision of the CrPC 133 and 144 must be followed to the hilt as sword in and these provisions must not be applied in a mechanical manner, without application of verification and applying its mind and responsible for issue of a speaking order in this behalf of the nuisance and danger, said emergent power is to be exercised by the District and the Sub divisional magistrates however it is particularly mentioned here that the District and the sub divisional magistrates are taking no cognisance on the captioned subject deliberation required to be issued under the provision made and people are suffering because of the wrong deal of cases by the District and the sub divisional magistrates, even though the Courts are also empowering such emergent power to the created nuisance and danger for action under the provision made in this behalf but non compliance in such cases of required prohibitory orders compelling the applicants to follow complaint under law code manual prefixed in this behalf of the emergent power to the District magistrates and the sub divisional magistrates, which should not be applied in a mechanical manner but by way of the speaking order verified as at the site of disputes under section Cr PC 133 and 144 thereof for which clear vision of the appropriate Government is necessary in the present circumstances of the complaints before the Honourable Chief Minister and the District Magistrate Bilaspur Himachal pradesh:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377