KANTIBHAI MOHANBHAI BRAHMANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicants have prayed for the following reliefs:

(2.) The case appears to be one of a public nuisance. The two authorities below have held the applicants guilty of causing public nuisance. It appears that the Sub Divisional Magistrate, Palanpur, initiated proceedings at the instance of the private respondents herein under the provisions of Section 133 of the Cr.P.C.. The proceedings before the Sub Divisional Magistrate, Palanpur, attained finality by an order dated 31.03.2012. The order passed by the Sub Divisional Magistrate, Palanpur, is extracted hereunder:

(3.) The applicants, being dissatisfied with the order passed by the Sub Divisional Magistrate, preferred the Criminal Revision Application No.24 of 2012 in the Court of the Sessions Judge, Banaskantha at Palanpur. The Revisional Court, by order dated 07.06.2012, rejected the revision application, thereby affirming the order passed by the Sub Divisional Magistrate. The Revisional Court, in its order, has observed as under: