QAMAR JAHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The order dated 11-7-1996 passed by City Magistrate, Allahabad in proceedings under S.133 of the Code of Criminal Procedure (Case No. 12 of 1996) has given rise to the present application under S.482, Cr. P.C.The applicants are tenants of premises No. 15 Johnston Ganj, Allahabad. After taking into consideration the report dated 2-8-1995 of the Incharge, Police Station Kotwali, Allahabad and report dated 29-11-1995 of the Nagar Abhiyanta, Nagar Nigam, Allahabad, learned City Magistrate issued the impugned notice under S.133(1), Cr. P.C.to the applicants to show cause as to why house No. 15, Johnston Ganj, Allahabad, which is in a dilapidated and dangerous condition, be not pulled down.

(2.) It appears that in pursuance of the said notice, some of the applicants filed objections before the learned City Magistrate. Before any orders could be passed on the show cause notice, the present application under S.482, Cr. P.C.has been moved with the prayer that the operation of the notice in question be stayed and further proceedings in case No. 12 of 1996 be quashed.

(3.) Counter and rejoinder affidavits have been exchanged. Heard Sri S.A.S.Abidi, learned counsel for the applicants, learned A.G.A., on behalf of the State and Sri Ajit Kumar, learned counsel for the opposite party No. 2, namely, Mohd. Nazim, who is owner/landlord of the premises, in question.