Section 133 of cr.p.c

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved
My machinary was confiscated by police and SDM passed an order under section 133 of Cr.P.C. and ask me to file an affidavit? kindly tell me the procedure?

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M.Sheik Mohammed Ali (Expert) 22 December 2011
you can get below mentioned website.

http://www.indiankanoon.org

Rajeev Kumar (Expert) 22 December 2011
Section 133 of cr.pc is conditional order for removal of nusiance. It is better to hire an advocate

Shailesh Kumar Shah (Expert) 22 December 2011
you have to engage advocate, he will do needful for you.

Devajyoti Barman (Expert) 22 December 2011
The ADM can not suo motu seize such article without any complaint.
You can now challenge such order in the sessions court.

Sudhir Kumar, Advocate (Expert) 22 December 2011
Opening line of Section 133 reads that (1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider. So I will disagree with Mr Burman SDM can take action even on police report or oter information. It appears that you were carrying on some nuisance and if so you have to abate it.

Raj Kumar Makkad (Expert) 23 December 2011
The action of DM is purely legal under the provisions of section 133 as read over above so it is better to engage the services of a lawyer who shall not only get released your mechinary but shall also contest your case.

prabhakar singh (Expert) 23 December 2011
Act as advised but after engaging a lawyer.

Shonee Kapoor (Expert) 24 December 2011
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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