OM PRAKASH GUPTA Vs. BIKANER WALA

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated l8.6.1992 passed by a Sub Divisional Magistrate in a matter relating to Section 133 of the Code of Criminal Procedure, 1973. The impugned order is the final order under that section against M/s Bikano Angan (Bikanerwala), Shyam Sunder, Kishan Kumar and Ashok Kumar. The persons against whom the impugned order was passed did not file any revision against that order. It is the complainants who have filed this revision.

(2.) The facts of the case as appear from the record may briefly be stated as follows:

(3.) Some residents of gali No. 16, Karol Bagh, lodged a complaint against M/s Bikanerwala (Bikano Angan) in relation to premises 16/10181 -182, Arya Samaj Road, Karol Bagh, Delhi. In the complaint it was alleged that (1) the respondents have caused obstruction andnuisance in the service lane of Gali No. 16, Arya Samaj Road by discharging affluent gases including garbage in that lane from the said shop M/s Bikaner Wala; (2) the respondents have caused nuisance at Gali No. 16 by putting an exhaust fan in the service lane which besides causing unbearable noise also discharges obnoxious and unhygenic gas in the service lane; (3) the respondents have stored large number of gas cylinders near to the source of fire which apart from radiating immense heat also endanger the safety of the public of the area.