ISHAR SINGH Vs. VARINDER KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure (for short, the Code) has been filed by the petitioner for quashing the order of the Sub-Divisional Magistrate, Fazilka, dated August 30, 1985 (Annexure P. 2).

(2.) RESPONDENT No. 1, Varinder Kaur filed a complaint under Section 133 of the Code in the Court of the Sub-Divisional Magistrate, Fazilka, alleging therein that the petitioner be directed to remove the wall constructed by him in a street situated in Nai Abadi, Fazilka, because the same was constructed by him in a thorough-fare and was causing nuisance to the general public. In pursuance of this complaint, the Sub-Divisional Magistrate issued notice to the petitioner under Section 133(1) of the Code directing him to demolish the said wall or to appear in the Court to show cause as to why the order should not be made absolute. Consequent upon the notice, the petitioner appeared before the sub-Divisional Magistrate. On the application dated July 26, 1985, made by Smt. Varinder Kaur respondent, the learned magistrate made personal inspection of the spot and thereafter passed the impugned order dated August 30, 1985 and made the order under Section 133(1) of the Code absolute and a notice under Section 141 of the Code was ordered to be issued to the petitioner directing him to demolish the wall within fifteen days of the impugned order. Against this order, the instant petition has been filed by the petitioner.