ANIL KUMAR PAHWA Vs. PASSI PRINTING PRESS

JUDGEMENT

(1.) THIS order shall dispose of Criminal Revision No. 574 of 1992 and Criminal Revision No. 375 of 1992. A printing press under the name and style of M/s. Passi Printing Press is being run in residential House No. 11, Sector 19-A, Chandigarh. A complaint had been made with the Sub Divisional Magistrate, Chandigarh that due to running of the private printing press disturbance is caused. It is a public nuisance for the landlord and the people residing nearby. It is telling very badly upon their health and studies of the school and college going children. They cannot even sleep properly.

(2.) AFTER recording evidence and considering the pleas the learned Sub Divisional Magistrate, Chandigarh on 10.7.1991 concluded that due to running of the printing press in the garage of the house nuisance is being caused to the residents of the locality. It is injurious to the health and physical comfort of the people living in the adjoining houses, Under Section 133 of the Code of Criminal Procedure, the learned trial Court directed that running of the printing press be stopped forthwith and it be removed from the premises mentioned above within a period of 15 days.

(3.) AGGRIEVED by the same, the present two revisions under consideration have been filed. Clauses (a) and (b) of Section 133 of the Code of Criminal Procedure which are relevant for the purposes of the present are being reproduced below for the sake of facility :