TEJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioners have challenged the orders dated 13.10.2005 and 28.10.2005 passed by Additional District Magistrate (City), Bhilwara (for short 'the Executive Magistrate' hereinafter) on an application filed by non-petitioner No.2 under Section 133 and 142 Cr.P.C.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders impugned.

(3.) The non-petitioner No.2 filed a complaint under Section 133 Cr.P.C., alleging therein that there is a street of 10 to 13 feet in Subhash Market in which the non-petitioner is running his business and opposite to his business establishment, there is a restaurant of the petitioners. The petitioners have installed Air Conditioner projecting in the street and therefore, it creates nuisance and same may be directed to be removed.