MANOJ SAHU Vs. HARIMOHAN AND OTHERS

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. is directed against the order passed by Sub-Divisional Magistrate (SDM) which was affirmed by the Court below.

(2.) Brief facts necessary for adjudication of this matter are as under:-

(3.) Shri Deepak Shrivastava, Advocate for the petitioner submits that the petitioner has obtained permission and his electric bills itself show that the electricity connection was not given for domestic use. He submits that it was given for industrial use which impliedly shows that he has been given permission to operate such machinery in a residential area. He further submits that as per Section 142 of Cr.P.C., the SDM had powers to pass conditional orders which he has not passed and therefore, Section 133 order is bad in law. The next contention of learned counsel for the petitioner is that no report from the Pollution Control Board was summoned and no opportunity has been given to the petitioner to lead evidence before the SDM. Lastly, Shri Shrivastatav submits that if he is given six months time, he himself will remove the machinery which is allegedly causing nuisance to 3 the complainant. He submits that despite the interim order passed by this Court, he has not been permitted to operate the said machinery and therefore, this Court on 10/12/2011asked the respondents why they are not permitting the petitioner to enjoy the fruits of interim order.