GAJRAJ SINGH Vs. NASEER AHMAD

JUDGEMENT

(1.) THIS is a petition under Section 482 CrPC. The petitioner is tenant of a building situate in Lucknow Cantonment. The landlords have initiated proceedings under Section 133 (1) (d) CrPC for demolition of house on the ground that the building is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by. These proceedings are pending in the Court of the Additional City Magistrate Illrd Lucknow. The petitioner challenges the proceedings on the ground that action could have been taken for demolition of the building only under Section 126 of the Cantonments Act.

(2.) IT has been contended that under Section 5 CrPC the provision of the Cantonments Act should override the provisions of Section 133 CrPC.

(3.) THE question, however, arises whether Section 5 CrPC has the effect canvassed on behalf of the petitioner. Section 5 CrPC reads as follows:-