ACHALCHAND Vs. SURAJ RAJ

JUDGEMENT

(1.) THIS is a revision by Achalchand against the order of the Sessions Judge of jodhpur in a case under Section 133 of the Code of Criminal Procedure.

(2.) THE facts of the case which have led to this revision are these. Surajraj, opposite party, and Achalchand are neighbours with a common wall between their houses, Achalchand made certain constructions on this common wall. Surajraj felt that these constructions were dangerous and the wall was likely to fall down causing injuries to him and members of his family. He consequently made an application under Section 133 of the Code of Criminal Procedure to the Magistrate and prayed that action should be taken against Achalchand. The Magistrate made an enquiry into the matter and found on evidence, which is not in dispute, that certain new constructions had been raised by Achalchand on the old common wall and that part of these constructions was in a dangerous condition inasmuch as according to the expert evidence, the wall was not in a plumb line and was displaced by 7 1/2 inches and was thus likely to fall down. The magistrate, therefore, ordered Achalchand to make certain repairs,

(3.) ACHALCHAND filed a revision before the learned Sessions Judge and the main contention raised on his behalf was that such a case was not covered by Section 133 of the Criminal Procedure Code. This contention was repelled by the learned judge and the revision was dismissed. Consequently, Achalchand has come to this court and the only contention raised on his behalf before me is that such a case is not covered by Section 133 Cr. P. C. The main argument is that Section 133 Cr. P. C. deals with public nuisances and this is not a case of public nuisance.