KRANTI PARCEL SERVICE Vs. STATE

JUDGEMENT

(1.) This petition is filed to quash the proceedings in M.O. No. 30/95 dated 1-9-1995 on the file of the Sub-Divisional Magistrate, Peddapuram, East Godavari district.

(2.) The facts of the case are that : the petitioner herein is Kranti Parcel Service, Tuni, represented by its Manager. Its office is located at Tuni. The office of the petitioner will receive and send parcels, by making booking of the parcels and loading and unloading operations will be done during the office hours. While so, the Sub-Divisional Magistrate issued an order under Section 133 of the Code of Criminal Procedure (for short 'the Code') for removal of nuisance. The petitioner was also issued with a notice. The case of the petitioner is that it filed explanation denying the allegations that it is committing any nuisance. Further, it is stated that there are number of lorry services in the same street, which are more popular and which got more business than the petitioner. The petitioner also requested the Sub-Divisional Magistrate to make local inspection of the spot to find out the truth or otherwise of the matter. The Sub-Divisional Magistrate without recording any evidence and without conducting any enquiry passed the final order, which is questioned in this criminal petition.

(3.) The learned counsel for the petitioner contended that the learned Magistrate erred in not following the procedure contemplated under Section 138 of the Code. After issuing notice to the respondent, after the respondent has submitted its explanation, it is imperative for the Magistrate to record evidence and then pass the final order. But in the present case the said procedure is not followed. Therefore, the proceedings are vitiated and are liable to be quashed.