Maharashtra Police Act 1951
Section 32 :
1.[State Government may make order under section 144 of Act V of 1898 :
The State Government, whenever it shall seem necessary, may by notification in the Official Gazette make in order to such effect as any order if made by a Magistrate under section 144 of the 2.[Code of Criminal Procedure, 1898] could be continued in force by the State Government under the said Code].
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1. Substituted for the original by Bombay 34 of 1959, Section 16.
2. Now the Code of Criminal Procedure, 1973 (2 of 1974).
Code of Criminal Procedure, 1898
Chapter XI :
Temporary orders in urgent cases of Nuisance or apprrehended danger :
Section 144 :
Power to issue order absolute att once in urgent cases of nuisance or appehended danger :
1) In cases where, in the opinion of a District Magistrate, a Chief Presidency Magistrate, a Subdivisional Magistrate or of any other Magistrate specially empowerred by the local government or the Chief Presidency Magistrate or the District Magistrate to act under this section, immediate prevention or speedy remedy is desirable,
such Magistrate may, by a written order stating the material facts of the case and served in manner provided by section 134, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considerrs that such direction is likely to prevent, or tends to prevent, obstruction, annoyace or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or and affray.
2) An order under this section may, in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed exparte.
3) An order under this section may be directed to a particular individual, or to the public generally when frequenting or visiting aq particular place.
4) Any Magistrate may rescind or alter any order made under this section by himself or any Magistrate subordinate to him, or by his predecessor in office.
5) No order under this section shall remain in force for more than two months from the making thereof; unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the Local Government, by notification in the official Gazettte, otherwise directs.
(May be same as Criminal Procedure Code 1973 (2 of 1974 ) section 144)
