Code
(1) If a Magistrate making an order under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.
Explanation
This section empowers a Magistrate to issue an injunction, which is a court order prohibiting a person from doing a particular act, during the pendency of an inquiry. This is done to prevent the continuation or repetition of the alleged offense or to preserve evidence relevant to the inquiry.
The Magistrate can issue such an injunction only if he is satisfied that:
- An inquiry is pending before him.
- There is a strong reason to believe that the continuation or repetition of the alleged offense would cause serious harm to the public or an individual.
- The injunction is necessary to prevent the dissipation of evidence or the obstruction of justice.
Illustration
Imagine a case where a person is accused of illegally dumping hazardous waste into a river. If a Magistrate believes that this act could cause serious harm to the environment and the public health, he may issue an injunction under Section 142 CrPC, prohibiting the accused from continuing the dumping activities until the inquiry is completed.
Common Questions and Answers
Q: What is the purpose of Section 142 CrPC?
A: The purpose is to safeguard public interest and ensure a fair and effective inquiry by preventing the continuation or repetition of the alleged offense and preserving evidence.
Q: Who can issue an injunction under Section 142 CrPC?
A: A Magistrate can issue such an injunction only if there is a pending inquiry before him.
Q: What are the grounds for issuing an injunction under Section 142 CrPC?
A: The Magistrate must be satisfied that the continuation or repetition of the alleged offense would cause serious harm and that the injunction is necessary to prevent the dissipation of evidence or the obstruction of justice.
Q: Can the accused challenge an injunction under Section 142 CrPC?
A: Yes, the accused can challenge the injunction by filing an appeal or by seeking a modification of the injunction.
