NIRANJAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) SHPW cause notice dated 10-9-2007, purportedly issued under section 133 of the Code of Criminal Procedure, 1973, by the Sub Divisional Magistrate, Chhindwara, is being questioned in the present writ petition filed under article 226/227 of the Constitution of India.

(2.) THE initiation of a proceedings under section 133 of the Code emanates on the basis of a complaint lodged by the respondent No. 5 on 11-6-2007 at Police station Kotwali, Chhindwara, The complaint was that, a kuchcha house belonging to him and situated along the side of road (House No. 24, 25 and 26, Lalbagh College Road, Chhindwara) being in dilapidated condition and is dangerous to the life and property in the surroundings. The istgasa was taken cognizance of, and the police registered a case and after allegedly conducting the enquiry placed the matter before the Sub Divisional Magistrate; whereof after registering the case notices were issued to the concern persons including the petitioner who submitted their objections dated 27-7-2007 (Annexure P/3 ). Wherein, the contention in nutshell was that, the house in question was not in dilapidated condition and it was only because the suit pertaining to the title of the house in question was pending in the Court of competent jurisdiction between petitioner and the respondent No. 5 and it was with a view to frustrate the proceeding that recourse to section 133 of the Code was resorted to. The Sub Divisional Magistrate after considering the reply by the petitioner objector and after taking into consideration the report by police and the letter dated 16-9-2005 by the Chief Municipal Officer, formulated a prima-facie opinion, and issued the impugned show cause notice which is being challenged in the writ petition.

(3.) PETITIONER challenges the show cause notice on the following grounds :-