NAVEEN KUMAR Vs. NARINDER SINGH

JUDGEMENT

(1.) Petitioner seeks quashing of order dated 06.12.2013 (Annexure P-17) passed by learned lower Court of revision and orders dated 18.06.2012 (Annexure P-15) and 11.12.2012 (Annexure P-16) passed by learned Sub Divisional Magistrate, Jagraon, vide which the petitioner was directed to shut down operation of the atta chakki in the thickly populated area of Municipal Council, Jagraon.

(2.) Proceedings under Section 133 Cr.P.C. were initiated by the Sub Divisional Magistrate, Jagraon on the application of respondent-Narinder Singh, resident of House No. 2192, Mohalla Shri Teg Bahadur, Jagraon. He alleged in his application that the petitioner had installed the atta chakki in thickly populated area without permission of Municipal Council, Jagraon. He grinds spoiled wheat as feed for cattle and while grinding mixes mustered oil and barley in the wheat. A lot of dust is created due to running of the atta chakki and it becomes difficult to breathe. The respondent and his family members are now suffering from asthma and heart diseases. The doctor advise that they should protect themselves from dust but the respondent, his family members and residents of mohalla cannot protect themselves from the dust emanating from the atta chakki, which also creates vibration as a result of which family members of respondent could not study in a calm atmosphere and remain under mental tension. The petitioner also grinds chilli powder, which create further complication for the residents of that area, who face difficulty in passing from that spot.

(3.) After recording evidence, the petition was allowed by Sub Divisional Magistrate, Jagraon vide order dated 18.05.2010. However, that order was set aside in the revision on technical grounds with the observation that Sub Divisional Magistrate has not adopted the procedure as provided under the law and the case was remitted with direction to decide the same afresh after adopting due process of law. Against order of Additional Sessions Judge, Ludhiana, the petitioner filed petition, which was dismissed by this Court.