YASIN KHAN Vs. MOHAMMED ALI

JUDGEMENT

(1.) THIS petition filed under Section 482 Cr. P. C. by the petitioners, has been directed against the notice dated 23. 9. 93 under S. 141 Cr. P. C. issued by the learned Additional District Magistrate, Churu, against the petitioners directing them to deposit an amount of Rs. 11,540/- by 5. 10. 93 as per estimate for the estimated cost of constructing a tank for storing the dirty water discharged by them and for filling the drain caused by them on the public way.

(2.) BRIEFLY the relevant facts for the disposal of this petition are that on an application dated 21. 3. 88 filed by the non- petitioner, proceedings u/s. 133 Cr. P. C. were drawn against the petitioners and a conditional order under S. 133 (1) Cr. P. C. was passed on 30. 3. 88 against them and after enquiry in accordance with law, the learned A. D. M. vide his order dated 24. 12. 92 made the conditional order absolute under Section 138 (2) Cr. P. C. and directed the petitioners to remove the public nuisance caused by them. The learned Sessions Judge, Churu vide his order dated 8. 4. 93 dismissed the revision petition filed by the petitioners. Aggrieved by the order of the learned Sessions Judge, the petitioners filed S. B. Criminal Misc. Petition No. 256/93 under S. 482 Cr. P. C. in this court, which was dismissed vide order dated 23. 5. 94 as not pressed. Thus, the absolute order dated 24. 12. 92 has become final. The learned A. D. M. issued a notice under S. 141 (1) Cr. P. C. to the petitioners, which was served on them on 24. 7. 93 but they did not comply with the absolute order and did not remove the public nuisance caused by them by discharging filthy water from the eastern side of their house. The learned A. D. M. got prepared the estimate of expenditure from the Municipal Engineer for removing the public nuisance caused by the petitioners on the public way namely for filling of the drain/pit and for constructing a 'pucca' tank for the storage of filthy/dirty water discharged by them. The Municipal Engineer submitted an estimate for an amount of Rs. 11,540/ -. The learned A. D. M. thereafter issued the impugned notice dated 23. 9. 93 Annex. 2. Hence this petition.