KASHMIRA SINGH Vs. S DARSHAN SINGH

JUDGEMENT

(1.) THIS reference has emanated from proceedings under section 133(1) of the Code of Criminal Procedure (for short "Code" hereafter)., initiated before the Assistant Commissioner UT, Jammu, and the order dated 17.11.2003 passed by the Magistrate, assailed before the additional Sessions Judge, Jammu in revision, in which recommendations have been made for quashing for proceedings, being illegal, improper and unsustainable by the revisional Court vide its reference dated 27.4.2004.

(2.) DARSHAN Singh filed an application under Section 133(1) Cr.P.C. before the District Magistrate, Jammu, complaining that Kashmira Singh, respondent, has constructed a Poultry Farm in the locality which is emanating foul smell, resulting in health hazard to the residents of the area, and causing public nuisance with a prayer for its removal. This application, however, stood transferred for disposal under law to Assistant Commissioner (UT), Jammu. Another application is also stated to have been filed by the complainant alongwith three other persons for removal of poultry farm established by the respondent Kashmira Singh in the area located in Tehsil R.S. Pora. This application too was transferred to the Assistant Commissioner (UT), Jammu, for disposal in accordance with law.

(3.) BY an order dated 17.11.2003 the Additional District Magistrate, Jammu, served an order to the petitioner Kashmira Singh under section 133(1) of the Code, calling upon him to close down the poultry farm or to shift the same to some place outside the locality by or before 30.11.2003 and copy of the order was sent to Tehsildar R.S. Pura (Executive Magistrate 1st Class) with the direction that, if respondent fails to comply with the order by or before 30.11.2003, the order may be implemented by use of such force as may be necessary to do so.