Sec 144 crpc
Rajesh Tandon
(Querist) 15 May 2015
This query is : Resolved
1. In the soft copy of the training manual of the executive magistrate (as downloaded from the Internet), a case citations is given under a query. The same is as appended below
Q- Limit of Jurisdiction under section 144 CRPC.
The magistrate cannot order a party to be dispossessed and other party to be in possession in proceedings under section 144 CRPC.
In 1988, CrLI, NOC 6 (Pat)
2. The abbreviation of CrLI could be a misprint. I presume it must be criminal Law Journal. However it is not understood what is NOC 6. Further, I presume Pat must be a reference to some judgement of Patna High Court.
3. I'm a government servant.This reference is urgently required for defence of our case of government land against the encroachers. Could somebody throw light on what is NOC and how to access to the actual judgement or details of the full text in the Law Journal so that the same can be shown to the Special Executive Magistrate in our case or how and where to obtain from, the said judgement? I would be grateful if somebody could throw the light of this. I have searched the Internet extensively but could not get any access to the said judgement of which the references is given.
Sudhir Kumar, Advocate
(Expert) 15 May 2015
You are not able to convey the problem.
did govt not hire a senior advocate?
Guest
(Expert) 15 May 2015
Dear Shri Rajesh Tandon,
I don't think the Government has gone short of the Governmnt counsels that the Government servants have been compelled to take up their duty or to plead in the courts of law or to search the case laws on their behalf.
Rajesh Tandon
(Querist) 16 May 2015
Dear Mr Dhingra,
You said it very right. You could actualy feel the pulse of the problem.It has actually happened. There is altogether different department through whom we have to file the case.You will be surprised We had taken up the case for pulling up the concerned officer who has through Government Counsel has to reply & react in time as per the Policy. All this has to be done through altogether different department. What if the integrity of staff of said department gets compromised when they themselves seem to be hand in glove with encroachers and deliberately do not react. Yet nothing was heard from the said department(another wing of Government of India). The said department has virtually become defunct & question is should Government be losing cases if one limb of the Government becomes paralysed. It is only after considerable waiting it was decided at higher levels that I as concerned officer dealing with land cases be at least permitted to file the written statement in the court of special executive magistrate in which we are defendents so that by not filing the WS altogether or well in time the court may not take it otherwise as admission of allegations levelled by petitioner against the dfendents. This the harsh reality of Government of India. Now would you kindly consider helping me. I always have stood grateful to you in past for your focussed replies. I leave all this to your fine Judgement.
Sudhir Kumar, Advocate
(Expert) 16 May 2015
First of all you hav enot been able to convey any facts worth examination from legal perspective.
read again what you have written.
Is it in any way connected with any legal issue.
This website is perhaps not meant to advise big corporate or Govt deptts. Govt has a battery of well paid lawyers and this site cannot be used to know how to use their services.
Can any expert of this website be expected to advise you (without knowing the facts) as to what noting shall you put up.
Guest
(Expert) 16 May 2015
Mr. Rajesh Tandon,
Your expectation, "I leave all this to your fine Judgement," is not understood, when in your long reply to my query, you have not given even a brief hint about case history, who made the case against whom, what is the present status of the case, whether advice of ministry of law taken, whether the case was entrusted to any Government counsel or not, etc.
So far as I undertand, you as a Government servant has no authority to take up the prosecution or defence case in your personal capacity to defend the case on behalf of any department. If you have been asked to take up, which authority of the department has given such an illegal order, please specify that.
Your justification does not seem to be valid in the absence of such vital information.
