GANESH PD SARAWGI Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- All these five criminal miscellaneous applications were taken up together as common question of law and facts are involved and this common order will dispose of all these applications which were preferred under S. 482, Cr. P.C.

(2.) In Crim. Misc. 3621/96 R, Ajay Kumar Sarawgi, in Crim. Misc. 3627/96R Ramesh Chandra Patel; in Crim. Misc. 3668/96R Ganesh Pd. Sarawgi; in Crim. Misc. 3536/96R Prabhash Chandra Jaiswal and in Crim. Misc. 3555/96R Samir Kumar Mitra are the petitioners.

(3.) All these applications were preferred for quashing the order dated 13-6-96 initiated by opposite party No. 2 the S. D. M. Khunti. In Misc. case Nos. 330/96, 328/96, 426/96, 312/96 of 1996 and 327/96 respectively through which the proceeding under S. 133, Cr. P.C. was drawn up by the opposite party No. 2 as against the petitioners and a conditional order was passed for removal of nuisance in due course of their trade and occupation which are injurious to the health or physical comfort of the community in general and also for filing show cause by their appearance as to why the conditional order should not be made absolute.