JITENDER YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under section 482 of the Code of Criminal Procedure (for short "the Code") has been preferred seeking quashing of order dated 12.10.2012 (Annexure P -11) passed by the Additional Sessions Judge, Faridabad whereby revision petition filed by the petitioner against order dated 13.9.2011 (Annexure P -9) passed by the Sub -Divisional Magistrate, Faridabad in proceedings under section 133 of the Code has been dismissed and the order passed by the Sub -Divisional Magistrate for removal of mobile tower alongwith D.G. set has been affirmed. The facts relevant for disposal of the present petition are that respondent Deepak Gupta submitted an application (Annexure P -4) for obtaining information under the Right to Information Act, 2005 on the plea that a mobile cell phone tower alongwith generator was installed on the roof top of House No. A -1630 Green Fields Colony, Faridabad in the month of June 2006 and the same is creating noise as well as air pollution, adversely affecting health of people residing nearby the building. The Sub -Divisional Magistrate, Faridabad took cognizance of the matter under section 133 of the Code and passed conditional order on 15.3.2010 to remove nuisance/noise pollution as well as heavy vibration in the public place/residential area within 10 days or to appear on 12th day of April, 2010 at 10.00 a.m. to show cause why the order be not enforced. This conditional order was against owner of roof top of House No. A -1630, Green Field Colony, Faridabad. In response thereto, reply was submitted for M/s. Wireless -TT Info Service Limited by Shailendar Akhouri, Advocate. Thereafter, the Sub -Divisional Magistrate, Faridabad after hearing parties, passed order dated 22.7.2010 (Annexure P -7) confirming the conditional order passed on 15.3.2010 and the respondent was directed under section 138 of the Code to stop operation of the mobile cell phone tower and generator set installed on the roof top of House No. A -1630, Green Field Colony, Faridabad within 15 days and a copy of the order was sent to the Tehsildar, Faridabad for compliance.

(2.) THE order passed by the Sub -Divisional Magistrate was challenged in revision filed by Jitender Yadav and M/s. Wireless -TT Info Service Limited before the Sessions Judge, Faridabad. The petition was accepted by the Court, impugned order dated 22.7.2010 was set aside with a direction to the Trial Court to proceed further with the matter in accordance with law and the parties were directed to appear before the Lower Court on 25.1.2011. Subsequent thereto, the Sub -Divisional Magistrate, Faridabad provided an opportunity to both the parties to lead evidence and passed order dated 13.9.2011 (Annexure P -9). A relevant extract thereof reads as follows :

(3.) FEELING aggrieved by the order passed by the Additional Sessions Judge, Faridabad, the present petition has been preferred by Jitender Yadav.