Section 138 of CrPC : Section 138: Procedure where he appears to show cause.

Explanation using Example

Example 1:

Scenario: A factory in a residential area is emitting harmful smoke, causing health issues for the residents.

1. Complaint: Residents file a complaint with the local Magistrate under Section 133 of the Code of Criminal Procedure, 1973, seeking an order to stop the factory from emitting harmful smoke.
2. Order Issued: The Magistrate issues an order to the factory owner to stop the emission of harmful smoke.
3. Appearance to Show Cause: The factory owner appears before the Magistrate and argues that the factory has installed new filters to reduce the smoke and that the emissions are now within permissible limits.
4. Evidence Taken: The Magistrate takes evidence from both the residents and the factory owner, including expert testimony on the effectiveness of the new filters.
5. Magistrate's Decision:
   • If the Magistrate is satisfied that the factory's emissions are now within permissible limits and pose no health risk, he may modify the original order to allow the factory to continue operations with the new filters.
   • If the Magistrate is not satisfied, he may make the original order absolute, requiring the factory to cease operations until further measures are taken to control the emissions.

Example 2:

Scenario: A local market is causing a public nuisance by blocking a main road, leading to traffic congestion and inconvenience to the public.

1. Complaint: A group of citizens files a complaint with the Magistrate under Section 133 of the Code of Criminal Procedure, 1973, seeking an order to remove the market from the main road.
2. Order Issued: The Magistrate issues an order to the market organizers to clear the main road.
3. Appearance to Show Cause: The market organizers appear before the Magistrate and argue that the market is essential for the local economy and that they have taken steps to minimize the obstruction.
4. Evidence Taken: The Magistrate takes evidence from the citizens, market organizers, and local authorities, including traffic reports and economic impact assessments.
5. Magistrate's Decision:
   • If the Magistrate is satisfied that the market can operate without causing significant obstruction, he may modify the original order to allow the market to continue with certain conditions, such as designated market hours or specific areas for stalls.
   • If the Magistrate is not satisfied, he may make the original order absolute, requiring the market to be relocated to a less congested area.