BALWANT SINGH Vs. MANDIR LAKSHMI NARAIN

JUDGEMENT

(1.) The records of Criminal Revision No. 16 of 1970 filed by Balwant Singh, petitioner, in the Court of the Additional Sessions Judge, Kangra Division, against the order dated July 19, 1969, of Mr. Shamsher Singh, Magistrate first class, Chamba, purporting to have been passed under section 133 of the Code of Criminal Procedure have been submitted to this Court with the recommendation that the aforesaid order of the learned Magistrate be quashed and the learned Magistrate be directed to proceed in accordance with law. The said revision came to be filed in the circumstances set out hereinafter.

(2.) On June 5, 1969, Gurdita Mal, Manager of Mandir Laxmi Narayanji, filed an application on behalfK of the said temple before the District Magistrate, Chamba, alleging that in the premises appertaining to the said temple some portions have been let out to the petitioner wherein the petitioner had set up wool and cotton ginning machines; and a rice husking machine which were being run by a 20orse power electric motor with the result that vibrations caused by the running of the said machines resulted in the appearance of cracks in the buildings belonging to the temple. It was further complained that these machines create such a noise that the physical comfort of the community and the peaceful atmosphere of the temple are disturbed and inconvenience is caused to the public. It was alleged that the conduct of the aforesaid trade by the petitioner amounted to a public nuisance, prayer was made that the petitioner be ordered to desist from carrying on these activities. The District Magistrate forwarded this application for trial to Mr. Shamsher Singh, Magistrate first class, Chamba.

(3.) The learned Magistrate examined Gurdita Mal, the aforesaid manager, on June 6, 1969, and issued a notice to the petitioner to appear and show cause against the complaint. It does not appear that any conditional order as is contemplated by section 133 of the Code of Criminal Procedure was made by the learned Magistrate on June 6, 1969, when the notice was issued.