SAJINA.J.S Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The above Crl.M.C is filed challenging Annexure-VII order passed by the District Magistrate, Thiruvananthapuram. This is an order passed by the District Magistrate under S.133(a)(i) of the Criminal Procedure Code ( Cr.P.C ). The above notice is issued to the licensee of M/s.Mother's Vegetarian Plaza Restaurant, Vanros Junction, Thiruvananthapuram. The petitioner is running the restaurant. The conditional order passed by the District Magistrate is extracted here under:

(2.) In Annexure-VII the provision noted is S.133(a)(i) Cr.P.C . It is not clear whether it is S.133(1)(a)& (i) Cr.P.C or whether it is S.133(a) (i) Cr.P.C . It is difficult to find out Section 133 (a)(i) in Cr.P.C because there is no sub clause to S.133(1)(a) Cr.P.C . Probably, it will be an order under Section 133(1)(a) & (i) Cr.P.C . According to the District Magistrate, by his personal experience, the road connecting the busy Bakery Junction to Vanrose Junction, is obstructed for hours . According to the District Magistrate, the main cause of the traffic problem is due to uncontrolled parking in front of Mother's Veg Plaza Restaurant. According to the District Magistrate, adequate slot or any arrangement for parking has not been made by the restaurant ever since and hence traffic in the road is dense day-by-day which is against the guidance issued by the district administration. It is also stated that, a staff posted in front of the shop is seen controlling traffic by violating traffic rules, only to make way for their customers, by obstructing the vehicles of the public. In such circumstances, the District Magistrate felt that, there are sufficient ground for proceeding under S.133(1)(a) of the Cr.P.C . Accordingly, the District Magistrate, with a view to ensure smooth traffic and to maintain smooth ingress and egress of the common people, ordered and directed the petitioner to stop functioning of the work of the hotel with immediate effect until further orders and show cause, why order should not be made absolute.

(3.) Heard the learned counsel of the petitioner and the Public Prosecutor.