GHULAM MOHAMMAD BHAT Vs. AZIZI

JUDGEMENT

(1.) In this petition under Section 561-A of the Cr. P.C. the petitioner seeks quashing of the order dt. 6-8-1986 passed by the learned Tehsildar. Executive Magistrate First Class, Tral, making his earlier ex parte conditional order dated 17-7-1986 absolute under Section 133 Cr. P.C. thereby directing him to caase carrying on the trade of running a carding machine at Tral.

(2.) It appears, that the petitioner is a mill owner running a cotton carding machine at Tral. The respondent was aggrieved of the running of the said machine by the petitioner on the ground that it caused nuisance to her family members and therefore, moved numerous applications before various authorities in this behalf. Consequently, the learned Executive Magistrate, Tral, initiated proceedings under Section 133 Cr. P.C. and passed the preliminary order of conditional nature on 17- 7-1986 directing the petitioner herein to cease to carryon the said trade, and requiring him to appear and move to have the order set aside or modified. The petitioner appeared on the date fixed by the Magistrate and filed his objections to the said order challenging his jurisdiction for nonexistence of public nuisance. The learned Magistrate, thereupon examined the petitioner and asked him to produce his evidence on 4.8-1986. On the said date, no witness of the petitioner was present and the learned Magistrate beard the learned counsel for the parties and posted the case for final orders on 8-8-1986. On the said date, he made his conditional order dated 17-7-1986 as absolute.

(3.) Heard learned counsel for the parties. The record was also examined.