LAWS(MPH)-2015-8-85

SUBODH KUMAR Vs. VIPIN KUMAR

Decided On August 20, 2015
SUBODH KUMAR Appellant
V/S
VIPIN KUMAR Respondents

JUDGEMENT

(1.) THIS petition under section 482 of CrPC has been filed to invoke the inherent jurisdiction of this Court and to set aside the order dated 27.5.2009 passed by Ilnd Additional Sessions Judge, Ashoknagar, passed in Criminal Revision No.5/2009 and order dated 27.2.2009 passed by SDM. Ashoknagar in Criminal Case No.2/133/2002.

(2.) THE facts in the short giving rise present petition arc that, the petitioners having constrain relations due to civil litigation submitted an complain/application on 28.1.2002 to the then Collector, Guna alleging that the petitioners are running a Plastic Industry and installed an area. Machine in the house situated at Ward No. 18, near Jain Mandir, Subashganj which is causing pollution and looking to the health problems to the citizens near by. The SDM has passed an order earlier on 7.12.2001 to close the industries but in spite of this the several industries are being run. Hence, it is prayed for closed/removed these industries.

(3.) COLLECTOR Guna, directed the SDM to take action in the matter under section 133 of CrPC. The learned SDM in compliance of the directions issued by the Collector passed conditional order on 8.2.2002 against the petitioners to close the Plastic Industries and and saw machine (Aara) and asked to show cause why this order be not made final.