AMBA SHANKER UPADHYAYA Vs. STATE

JUDGEMENT

(1.) THIS application under Sec. 482 CrPC has been moved by Amba Shankar Upadhyaya for quashing the procedings under Section 133 CrPC pending against him in the Court of City Magistrate, Varanasi.

(2.) THE brief facts of the case are that the petitioner has a house No. C. K. 30/10-A in Mohalla Nepali Khapra (Gyanvapi) in the town of Varanasi. It was alleged that the applicant had opened a new door in this house towards the road. A proceeding under Section 133 CrPC was started in respect of this door but those proceedings were dropped on 30-1-1975. Again on 21-5-1975 a fresh proceeding under the same section was started in respect of the same door. THE petitioner has assailed these proceedings on two grounds; firstly it is said that the proceedings had already been dropped on 30-1-1975, fresh proceedings could not be started. Secondly it is said that opening of a door did not amount to a public nuisance or obstruction in the public way and, therefore, proceedings under Section 133 CrPC were incompetent. On behalf of the State a counter affidavit has been filed alleging that the door is a new one and the opening of such a door is likely to create some trouble in that locality.