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karthik v   19 April 2020

Lockdown 141 Notice

Hi

I am travelling within 3km of my address duringlockdown and we are 2 in our car.

police stopped and forcibly made to sign on the paper where I found some section 141

they took my details and signature and asked me to leave and they will call


I not received any acknowledgement too


Learning

 3 Replies

Aruanbh Rajan   20 April 2020

As far as my understanding goes the above mention section 141 has to be of CRPC wherein it related to the Following.

141. Procedure on order being made absolute and consequences of disobedience.

(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860 ).
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate' s local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.(3) No suit shall lie in respect of anything done in good faith under this section.
 
Since section 144 is imposed in most parts of the country it is advisable to follow the instruction of the magistrate of your concerned District, though if you went out for performing a necessary service which is included in the exemption by the rules you may take the defence of good faith.
 
Fell free to contact for any further queries.

G.L.N. Prasad (Retired employee.)     20 April 2020

Do'nt worry about small issues as there are several thousands of citizens in the same position as you and let them serve a notice and thank them for not confiscating your car.

When you wish to obtain guidance, you have to inform basic facts.

1)What was the urgency of your visit,

2)What was your zone declared as (Red Zone/Green Zone etc.,)

3)What was the time of your travel?

4)What reasons have you told police when they have booked the case.

 

P. Venu (Advocate)     20 April 2020

Yes, forget about the incident. In all probability, no further steps will be taken.


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