SUBHASH Vs. DALBIR SINGH HOODA

JUDGEMENT

(1.) RESPONDENT -Mansarover Colony Sudhar Samiti through its President-Dalbir Singh Hooda moved a petition before the Sub Divisional Magistrate under Section 133 Cr.P.C. against the petitioners (1) Subhash and (2) Kushbir Chawla for abatement of the nuisance, alleging that the petitioners are running dairies in the colony with 70 buffaloes, due to which the residents of the colony are put to trouble. According to the complainant, the dairy being small, cattle are tied outside and the cow dung etc. go into the drain and block it, apart from emitting bad smell. The complainant also claim that the cattle are fed outside, creating obstructions on the way causing difficulty to the passers by, apart from breeding mosquitoes. The further claim of the complainant is that an electric machine has been installed to cut fodder which creates a loud disturbing noise. According to the complainant, the petitioners herein have no licence to run the dairies. Ultimately, the complainant prayed that the dairies should be removed.

(2.) THE petitioners were summoned by the learned Sub Divisional Magistrate, Rohtak. Both sides were given opportunity to examine witnesses and were also heard. The contention of the present-petitioners was that their dairies are in existence from a very long time and that a solitary person has no right to move the Court under Section 133 Cr.P.C. The further contention of the petitioners was that in view of the fact that dairies have been in existence for a long time, the only remedy for the complainant is to move the civil Court.

(3.) AGAINST this order of the learned Sub-Divisional Magistrate, the petitioners herein filed Criminal Revision before the Sessions Court, Rohtak. The learned Additional Sessions Judge, Rohtak, after hearing the parties and taking note of the provisions of Section 133 Cr.P.C. that whenever the Magistrate received the information about nuisance, he can, after taking such evidence, as he thinks fit, pass appropriate orders for the removal of the nuisance, held that the fact that Mansarover Sudhar Samiti is not registered does not mean that the petition is not maintainable. After analysing the arguments put forward, the learned Additional Sessions Judge, ultimately dismissed the Revision Petition.