Satish Kumar & Anr vs State & Anr on 25 September, 2008

 S. B. CRIMINAL MISC. PETITION NO.49/2008
SATISH KUMAR & ANOTHER. V. STATE OF RAJASTHAN & OTHERS.

DATE OF ORDER                       :::                         25-09-2008

                HON'BLE MR. JUSTICE C. M. TOTLA


Mr. P.K.Sharma, for Petitioner (s).
Mr. S. N. Tiwari, PP, for the State.
Mr.Hemant Jain, for Respondents.


       Learned counsel for the petitioner              argued that no trunk or
anything is manufactured in the said premises - petitioner is a business
man, doing business, complying with all law and regulations under a valid
license and business is his right as well as means of livelihood. Argued
that business is that of sale of containers like trunk made of metallic
sheets and only work, if carried out, are of removing denting etc. of
such metallic sheet    containers         and that   also by a wooden hammer.
Argued that even as per orders of court below, no manufacturing work
done at other premises and manufacturing establishment is else where.
Stated that due to ill-will, complainant has initiated these proceedings.
       Learned counsel for the respondents argued that findings of the
learned Magistrate are based on evidence - admittedly at best business is
that of   selling of metallic containers - even if repaired at large scale
which creates nuisance.
       Considered. As per order impugned, petitioners are restrained from
repairing and manufacturing of trunk either in shop or at outer portion.
Clearly only manufacture        and repair is prohibited. Specifically it is
mentioned that business       can be carried. The order, as above, is very
clear and reasoned one - no interference             by invoking the provisions of
Section 482, Cr.P.C., is called for.
       The petition is dismissed.


                                              (C. M. TOTLA), J.

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