BABULAL Vs. BHURAMAL

JUDGEMENT

(1.) THIS is a revision petition of one Babu Lal against the order of the First Class Magistrate, Fatehpur, dated the 15th September 1949, by which the applicant has been restrained from running his cinema in the town of Fatehpur during the pendency of an enquiry under Chapter X of the Criminal Procedure Code.

(2.) BHURAMAL Sunar complained in the court of the First Class Magistrate Fatehpur, against the applicant Babulal that the running of a cinema by the applicant amounted to a public nuisance inasmuch as the sound, smoke and vibration of the applicant's engine created the life uncomfortable in that particular locality. He further alleged that the cinema shows were responsible for the congregation of all bad characters, thereby making that locality unsafe. On this complaint, the learned Magistrate made an order under sec. 133 Cr. P. C. asking the applicant to stop running his cinema shows within 24 hours of the receipt of the order and further to remove all his machinery pertaining to the cinema within a week and to show cause why this order should not be made absolute on or before 10th September 1949. The applicant, after he was served with a copy of this order, appeared in the court of the Magistrate and contested the allegations of the complainant. The magistrate thereupon made another order on the 15th September 1949, whereby he relaxed the term relating to the removal of all the machinery pertaining to cinema but ordered the applicant not to continue the performance of the cinema shows, during pendency of the inquiry. The applicant has, therefore, come before this court. His principal contention is that the order of the learned Magistrate dated the 15th September 1949 is wrong in law, because under sec. 142 Cr. P. C. no such order could be made, there being absence of the prerequisites that are necessary for an order under that section.