NARANBHAI WAGHABHAI PANCHAL Vs. RAMECHANDRA POONAMCHANDRA THAKKAR

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India wherein the petitioner has prayed for the following reliefs:

(2.) Heard learned advocate Mr.Tejas Shukla for Mr.B.N.Patel for the petitioner and learned APP Ms.Rita Chandarana for respondent no.2 -State. Nobody has remained present on behalf of respondent no.1.

(3.) Learned advocate Mr.Shukla submitted that the respondent no.1 filed an application before the Sub -Divisional Magistrate, Palanpur under Section 133 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short), in which it was alleged that the petitioner is running the flour mill by oil engine and also with the help of electric motor, which is causing nuisance to the applicant therein and therefore the said flour mill should be ordered to be closed down. In the said proceedings, Sub -Divisional Magistrate passed an order by which the petitioner was directed to close down the flour mill with the oil engine, however, he was permitted to run the flour mill with the help of electric motor. Respondent no.1, being aggrieved and dissatisfied with the said order of Sub -Divisional Magistrate, preferred Revision Application before the Sessions Court, Banaskantha. The Sessions Court, by an order dated 26.3.1997, imposed additional condition for running the said flour mill. However, the Sessions Court confirmed the order of Sub - Divisional Magistrate with certain modifications.