RANDHIR SINGH & ANR Vs. RAJINDER SINGH

JUDGEMENT

(1.) Sarvshri Randhir Singh and Jai Singh have filed the present petition under Section 482 Cr.P.C. for quashing the order dated 17.3.1998 passed by Additional Sessions Judge, Jind and order dated 17.10.1997 passed by Sub Divisional Magistrate, Jind vide which application of the respondent under Section 133 Cr.P.C. was allowed and order passed by the Sub Divisional Magistrate was confirmed by the Revisional Court in revision.

(2.) The brief facts of the case can be noticed in the following manner :-

(3.) Respondent Shri Rajinder Singh filed an application under Section 133 Cr.P.C. before the court of S.D.M. alleging that he was living in his house in village Lijwana and toward the south of his house the petitioners were living in their own house. They had common wall. The petitioners have installed a chakki (grinding machine) in the room, the wall of which was common with the complainant. The said machine was being run with the help of a tractor. The tractor was used to be parked in the street on which the house of the parties abutted. Nuisance was caused on account of the sound and smoke emitted by the tractor and also on account of the vibrations from the machine which shock the Southern wall which was common as stated above. The machine was stated to be running since December 1995. The application under Section 133 Cr.P.C. was filed by the respondent in the year 1986. The parties led evidence before the Magistrate who passed the order dated 17.10.1997 and gave the following findings :-