BANKELAL GUPTA Vs. ANAND SAXENA

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) THIS petition, under Section 482 of the Code of Criminal Procedure ("code" for short), is directed against the order dated 9-1-07, passed by IVth Additional Sessions judge, Rewa, in Criminal Revision No. 286/06 affirming the order of removal of flour-mill and oil-mill (hereinafter referred to as "the mills") installed by the petitioners in their premises situated near Jai Stambh chowk, Tahsil Huzur, District Rewa.

(3.) THE facts leading to the filing of this petition are not in serious dispute and may be summarized as under : on 3-3-05, the respondents Nos. 1 and 2, made a complaint before S. D. M. , Tahsil, huzur, District Rewa to the effect that the mills, being run in a densely populated area, were causing nuisance to the public at large as not only the dust and obnoxious smell emanating from the crushing machine and the oil spiller were creating an adverse effect on the health of people living in the vicinity but were also formidable sources of noise-pollution. Taking cognizance of the alleged public nuisance, the S. D. M. issued notice to the petitioners. In reply, they submitted that the mills were in operation for a period of more than 7 years and none of the other inhabitants of the locality was, in any way, aggrieved by the running of the mills there. According to them, it was due to a personal grudge only that their neighbours-respondents Nos. 1 and 2, had made a false complaint.