K RAJARAM MOHAN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner is the accused in R.C.No. E/ 1378 on the file of the second respondent herein. On 5-12-1997, the second respondent issued notice to the petitioner herein purporting it to be one under Section 133, Cr.P.C. After hearing the petitioner on 12-12-1997, the second respondent passed a final order directing him either to shift the bunk or to close the same within a period of two days from the date of receipt of the order. Aggrieved by the said direction, the petitioner preferred a revision to the learned IV Additional Sessions Judge, Kurnool. The learned Judge by her order dated 16-4-1999 dismissed the revision holding that there is no procedural irregularity committed by the second respondent and consequently there is no reason to interfere with the order passed by the second respondent. Contending that the order of the second respondent as confirmed by the learned Additional Judge is patently illegal, the present petition is filed.

(2.) The facts leading to the proceedings under Section 133, Cr.P.C. are as follows: The petitioner runs a bunk within the compound wall of his house where he sells kirana goods, stationery and confectionary. This bunk is located opposite to a college run by the A.P. Social Welfare Department. It appears that the college is a girls college. The Principal of the college complained to the second respondent that in view of existence of the petitioner's bunk, some anti social elements are gathering before the bank and creating inconvenience to the inmates of the college. On the basis of the complaint of the Principal of the college, proceedings under Section 133, Cr.P.C. were initiated by the second respondent.

(3.) Section 133 Cr.P.C. empowers the District Magistrate or such other officers as enumerated in the said section to pass an order for preventing nuisances. Clauses (a) to (f) of sub-section (1) of Section 133 Cr.P.C. enumerated various contingencies under which orders could be passed and the various kinds of orders that could be passed in the abovementioned contingencies are enumerated in the later part of Section 133, Cr.P.C. For the purpose of the present case, the relevant portion of Section 133, Cr.P.C. reads as follows: