CrPC Section 142
Section 142 of the Criminal Procedure Code (CrPC), 1973 – Injunction Pending Inquiry
Overview:
Section 142 of the CrPC empowers a Magistrate to issue an injunction (a temporary order) to prevent any act that may cause danger or obstruction during the pendency of an inquiry under Sections 133 to 138 of the CrPC. These sections generally deal with public nuisances, unlawful obstructions, or danger to public health and safety.
Text of Section 142 (Simplified):
If a Magistrate is conducting an inquiry under Sections 133–138 CrPC and finds it necessary, they may:
Issue a temporary injunction to prevent a party from doing an act,
Or direct that a certain thing not be done, or
Require a person to take certain actions to prevent danger or obstruction.
This power is used to maintain the status quo or avert danger until the inquiry is completed.
Detailed Explanation:
Purpose of Section 142:
To prevent harm or danger to the public during a legal inquiry.
To ensure that the subject of the inquiry is not worsened or rendered moot while proceedings are ongoing.
When Is It Used?
During inquiries under Sections 133 to 138 CrPC, which deal with:
Public nuisances,
Unlawful obstructions in public places or roads,
Potential threats to public health, safety, or convenience.
Who Can Issue the Injunction?
Only a Magistrate who is conducting the inquiry under the relevant sections.
Type of Orders That Can Be Issued:
Stop construction obstructing a public pathway.
Prevent release of polluted water into a public drain.
Order temporary removal of a structure causing public inconvenience.
Nature of the Injunction:
It is temporary and remains in effect until the inquiry is completed or until the Magistrate decides otherwise.
It does not determine final rights but only prevents immediate harm.
Legal Significance:
Prevents parties from taking unfair advantage during the pendency of proceedings.
Gives interim protection to the public interest while the Magistrate investigates and makes a final decision.
Practical Implications:
If someone builds a wall blocking a public road, and a case is filed under Section 133, the Magistrate can issue an injunction under Section 142 to stop further construction until the case is decided.
It is a key tool in preventing irreversible harm or disturbance to public order or rights.
Summary:
Section 142 of the CrPC empowers a Magistrate to issue temporary injunctions during inquiries under Sections 133–138 to prevent danger, obstruction, or nuisance. It acts as a preventive measure to protect the public and preserve the subject of the dispute until a final decision is made.
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