G SIVANANDAN Vs. K BHASKARAN

JUDGEMENT

(1.) An interesting question as to the effect of an order passed under S.133 of the Code of Criminal Procedure, duly confirmed and made absolute under S.138 Cr.P.C. arises for determination in this case.

(2.) The revision petitioners are residential occupants in a predominantly residential area. They approached the Sub Divisional Magistrate, Trivandrum with a complaint that the counter petitioner was running a saw mill adjacent to their residential buildings causing nuisance to them. It was prayed that action under S.133 Cr.P.C. may be initiated. The Sub Divisional Magistrate initially passed a conditional order under S.133 which was duly confirmed under S.138 Cr.P.C. It is unnecessary to advert to details. To cut a long story short, it can be stated that by order dt. 17th September, 1998 in Crl.R.P. 500 of 1998 this Court upheld the order passed under S.138 Cr.P.C.

(3.) The counter petitioner subsequently filed Crl.M.C. 5441 of 1998 before this Court. The prayer in that Criminal Miscellaneous Case was to direct the Sub Divisional Magistrate to enquire whether nuisance has abated and to pass orders on an application filed by the revision petitioner for permitting the petitioner to continue to run the saw mill. By order dt. 26.10.1998 this Court dismissed the said Crl.M.C. as withdrawn without prejudice to the right of the petitioner to raise all available contentions before the Sub Divisional Magistrate Trivandrum. Later as the said application was not disposed of promptly by the Sub Divisional Magistrate, the counter petitioner approached this Court with O.P. 23672 of 1998 and this Court by order dt. 30.11.1998 directed the Sub Divisional Magistrate to consider and pass orders on Ext. P1 (the said petition) within two months from the date of receipt of a copy of the judgment.