FAKIRMOHAMMAD Vs. STATE

JUDGEMENT

(1.) ADDITIONAL District Magistrate Indore passed an order against the petitioners under Section 133 Criminal Procedure Code stopping them from carrying on their trade of selling meat at the place where they are doing so in the locality known as Patnipura City Indore on the ground that the manner in which they were conducting themselves while carrying on this trade was Injurious to the health of the persons residing in the neighbourhood and constituted nuisance which ought to be stopped.

(2.) THE question involved in this case has a history behind. The petitioners are batchers and sell meat in the locality known as Patnipura at their respective shops. In the year 1953 a Challan was submitted against two of the petitioners and some others under Section 133 of the Criminal Procedure Code and this was registered as Criminal Case No. 7621 of 1953. On the application of the petitioners and others who were involved in that case the learned Magistrate required them to carry on their trade subject to certain specific directions given by him. They agreed to abide by these directions and gave undertaking that they would not carry on the trade so as to cause any nuisance. In view of the undertaking given by them no specific final order was passed in that case. Thereafter there were complaints against these petitioners and others. A petition was submitted to the Collector signed by several persons of the locality complaining against the manner in which the trade was being carried on by the petitioner to the nuisance of the residents there and of the passers by. In view of this, the Police after investigation have submitted the Challan for seeking the orders of the Court for stoppage of the shops altogether.

(3.) ON behalf of the prosecution several witnesses were examined. The effect of the statements of these witnesses is that the petitioners are said to expose meat for sale without using any covering. They slaughter goats In that very locality, They allow pieces of meat to lie hither and thither and throw away the rotten pieces in the drains nearby.