KACHRULAL BHAGIRATH AGRAWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Legality of action taken and order passed by learned Sub-Divisional Magistrate, Sakoli (for short 'SDM' under Section 133 of the Code of Criminal Procedure, 1973 (in short the 'Code') having upheld by a learned single Judge of the Bombay High Court, this appeal has been filed. It is of relevance to note that the appellants had filed a revision before the learned Additional Sessions Judge, Gondia, questioning legality of the order dated 7-2-1989 passed by the SDM. The revisional authority held that the order passed by the SDM was not legal. Thereafter a revision was filed by the five of the original applicants, who had initiated action before the SDM.

(2.) Background facts as per the complainants are as follows:

(3.) In this view of the matter, learned SDM, Sakoli, held that the applicants proved public nuisance and physical discomfort to them. Consequently, learned SDM, Sakoli, proceeded to pass an order under Section 133 of the Code, operative part of which reads as follows: