Section 133 of CrPC : Section 133: Conditional order for removal of nuisance.

Explanation using Example

Example 1:

Ravi owns a small shop in a busy market area in Delhi. Over time, he starts storing his merchandise on the sidewalk, causing an obstruction for pedestrians. Several complaints are made to the local police station about the inconvenience caused by Ravi's goods blocking the public pathway. The police report this to the District Magistrate. After reviewing the evidence, the Magistrate issues a conditional order under Section 133 of the Code of Criminal Procedure, 1973, directing Ravi to remove the merchandise from the sidewalk within 7 days. If Ravi fails to comply, he must appear before the Magistrate to explain why the order should not be made absolute.

Example 2:

In a residential area in Mumbai, a large tree in front of a house is leaning dangerously over the road. Residents are concerned that it might fall and cause injury or damage. They report this to the local authorities. The Sub-divisional Magistrate, upon receiving the report and inspecting the tree, issues a conditional order under Section 133 of the Code of Criminal Procedure, 1973, requiring the homeowner to either remove or support the tree within 10 days to prevent any potential harm. If the homeowner disagrees, they must appear before the Magistrate to show cause why the order should not be enforced.

Example 3:

A factory in a small town in Karnataka is emitting harmful fumes that are affecting the health of the nearby residents. The local health department reports this to the Executive Magistrate. After considering the evidence, the Magistrate issues a conditional order under Section 133 of the Code of Criminal Procedure, 1973, directing the factory owner to either stop the harmful emissions or install proper filtration systems within 15 days. If the factory owner objects, they must appear before the Magistrate to explain why the order should not be made absolute.

Example 4:

In a village in Uttar Pradesh, a deep well is left unfenced near a public pathway, posing a danger to the villagers, especially children. The villagers report this to the local police, who then inform the District Magistrate. The Magistrate, after reviewing the situation, issues a conditional order under Section 133 of the Code of Criminal Procedure, 1973, directing the well owner to fence the well properly within 5 days to prevent any accidents. If the well owner does not comply, they must appear before the Magistrate to show cause why the order should not be enforced.

Example 5:

A person in a rural area of Tamil Nadu keeps a dangerous dog that has bitten several people in the neighborhood. The local residents file a complaint with the police, who report the matter to the Sub-divisional Magistrate. The Magistrate, after considering the evidence, issues a conditional order under Section 133 of the Code of Criminal Procedure, 1973, directing the dog owner to either confine the dog or have it destroyed within 3 days to ensure public safety. If the dog owner objects, they must appear before the Magistrate to explain why the order should not be made absolute.