IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-41305 of 2004
Date of Decision: December 03, 2008
Malook Singh
.....PETITIONER(S)
VERSUS
Joginder Singh & Another
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. S.P.S. Sidhu, Advocate, for the
petitioner.
. . .
AJAI LAMBA, J (Oral)
On perusal of the documents placed
before me, it transpires that the matter had earlier
come upto this Court on the same issue. Vide Order
dated 21.4.1998 passed in Criminal Miscellaneous
No.14262-M of 1997, the matter was remitted back to
the Magistrate. It was clarified that the Sub
Divisional Magistrate who is seized of the matter,
shall consider the complaint made by the respondents
and take evidence led by the parties if any and then
record a finding that some public nuisance exists
and pass a conditional order directing the present
petitioners to remove that nuisance within the time
fixed by him. In case the Sub Divisional Magistrate
finds that no public nuisance exists, natural
Crl. Misc. No. M-41305 of 2004 [2]
consequences would follow.
The Sub Divisional Magistrate, clearly,
vide Order dated 10.5.1999 has concluded that there
was no public nuisance and Section 133 Cr.P.C. would
not be applicable to the facts and circumstances of
the case.
On perusal of the order, I find that
detailed reasons have been given therein. Revision
was carried against order dated 10.5.1999, however,
in revision, the order of the Sub Divisional
Magistrate has been upheld.
This petition under Section 482 Cr.P.C.
is second revision which ordinarily cannot be
entertained. Learned counsel wants this Court to
reappreciate the material to come to a different
finding.
No ground for interference is made out.
The petition is dismissed.
(AJAI LAMBA)
December 03, 2008 JUDGE
avin