SHANTILAL NAGARDAS SHAH Vs. VORA RAHIMBHAI JUSABHA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by a litigant who has been unsuccessful in getting the order under Section 133 of the Code of Criminal Procedure 1973 (hereinafter referred to as the Code) for the alleged nuisance and whose revision before the Sessions Court also failed .

(2.) The case of the petitioner is that adjoining to his house respondents Nos. 1 2 and 3 are running a mini oil mill which in local terms is called a Ghani run by electricity. It is the case of the petitioner that due to this Ghani there are vibrations and continuous nuisance to the members of his family which ultimately endanger his health .

(3.) Initially the learned Sub-Divisional Magistrate Limbdi who was in charge earlier granted ad interim injunction against the running of the said Ghani but later on after full hearing the succeeding Sub-Divisional Magistrate dismissed the application. The revision before the Sessions Court was also dismissed. The petitioner is present in Court in person and it is his contention that his house is in danger and therefore the Court should consider. The learned Sub-Divisional Magistrate considered that this being a dispute pertaining to a private person it would not be covered by the provisions of Section 133 of the Code. The learned Sessions Judge also came to that conclusion.