Section 138 of CrPC : Section 138: Procedure Where He Appears To Show Cause

Explanation using Example

Imagine a situation where a local municipality issues an order to a factory owner under Section 133 of the Code of Criminal Procedure, 1973, to stop the discharge of untreated industrial waste into a nearby river. The factory owner appears before the Magistrate to show cause why the order should not be enforced.

During the hearing, the factory owner presents evidence that the waste is being treated to meet environmental standards, and the order was based on outdated information. The Magistrate then reviews the evidence as if it's a summons-case, which is a type of legal proceeding where the defendant must appear in court to answer the plaintiff's claim.

If the Magistrate finds the factory owner's evidence convincing and feels that the order is no longer reasonable or proper, they may decide not to make the order absolute, and no further action will be taken. However, if the Magistrate believes the order is still justified, it may be made absolute, either as originally issued or with necessary modifications to address the current situation.