ABDUL SAEED Vs. TAHIR ALI SAIFEE

JUDGEMENT

(1.) THE applicants have preferred the present revision against the order dated 22.2.2008 passed by the 12th Additional Sessions Judge, Jabalpur in criminal revision No. 350/2006, whereby the order dated 19.10.2006 passed by the SDM, Jabalpur in M.Cr.C. No. 34/1999 under Section 133 of the Cr.P.C. was reversed and the revision was allowed and it was directed that nuisance created by the applicants be removed.

(2.) THE facts of the case, in short, are that, a complaint under Section 133 of the Cr.P.C. was filed before SDM that the respondent No. 1 has a shop in the name of Champion Typewriters to repair various type writers. In front of shop of the respondent No. 1, the applicants were running their hotel. In between both the shops, there is a public road having 11.5 feet width. That road has been used by businessmen, workers and customers of the shops and other citizens. The applicants in that road created a platform of 7 feet length and therefore, portion of the road was blocked by that platform. The applicants were in habit to throw their remaining food of hotel and dirty water on that road and to create nuisance. So many complaints were made by the respondent No. 1 but, no action was taken. Thereafter, the respondent No. 1 has moved a complaint under Section 133 of the Cr.P.C. The SDM has issued a show cause notice to the applicants and also inspected the spot on 21.10.1999 and thereafter, a final order has been passed. The applicants have filed a revision No. 199/2000, in which Third Additional Sessions Judge vide order dated 20.10.2000 directed to give an opportunity to the parties to adduce their evidence and thereafter, an order be passed. Consequently, SDM vide order dated 19.10.2006 dismissed the application under Section 133 of the Cr.P.C. but, the revisionary Court vide order dated 22.10.2008 reversed the order passed by the SDM.

(3.) I have heard the learned counsel for the parties at motion stage.