GURCHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) GIRDBAR Malviya, J. Heard Sri A. R. B. Kher learned counsel for the applicant and Shri Haji Iqbal Ahmad learned counsel for opposite parties 2, 3 and 4 and perused the impugned order as also the record of this revision in the High Court.

(2.) IT appears that the respondents were having godowa in which they used to bring railway wagons after purchasing them in the auction. After dismantling and cutting the same they used to sell the scrap material in the market. This work in the said godown is alleged to be going on for quite a few years. However, finding that the entire work was causing great annoyance and constant disturbance to the children in their studies and even that small particles of iron when being cut used to fly to the house of Lt. Col. Gurupal Singh, the said Lt. Col. Ourupal Singh (retired) made an application under Sec. 133, Cr. P. C, in the court of City Magistrate, Jhansi to stop the said nui sance. By a conditional order dated 19-7- 1991 passed under Sec. 133j), Cr. P. C. the applicants who were opposite parties in the proceedings in the court below were directed either to remove the nuisance or to show cause. After the parties had put in appearance and contested the proceedings the City Magistrate, Jhansi by his order dated 7-10-1991 in Case No. 51 of 1990 had confirmed the order dated 19-7-1991 and had directed the said nuisance to be removed by the applicants failing which it was to be removed by the police.