M L GOPALASWAMY Vs. STATE OF MYSORE

JUDGEMENT

(1.) On a complaint of the Sub-Inspector of Police, Rural Station, Chickmagaiur, the Sub-Divisional Magistrate, Chickmagalur, took action under S.133 CrPC and passed a preliminary order on 1-6-1972, calling upon the petitioner to restore the waste weir draft channel as it originally existed and to Close the pit at his own cost within 30 days from the date of service of the preliminary order or to appear before Court on 22-6-1972 and file his objections to get the order set aside and if he failed to restore the waste weir as directed, he would be liable to the penalty prescribed under law and that the order shall be made absolute.

(2.) The petitioner appeared before the Sub-Divisional Magistrate and filed his objections on 27-11-1972 stating among other things that he had not committed any nuisance and .even if he had committed those acts under the mining lease he had unfettered powers to deal with the waste weir and finally stated that he had not obstructed any water course and the waste weir had been left intact and if there was any dispute, it was of cvil nature. The Sub-Divisional Magistrate thereafter directed the petitioner to appear before him along with witnesses and documents in support of his case.

(3.) He posted the case from time to time but the petitioner did not appear before him. Therefore the Sub-Divisional Magistrate passed an order under S 137 CrPC read with S. 137A CrPC making the preliminary order absolute. Aggrieved by this decision, the petitioner has preferred this petition.