BHAGAWAN DASS Vs. STATE & ORS.

JUDGEMENT

(1.) Through this misc. petition under section 482 Crimial P.C., petitioner Bhagwan Dass seeks the quashment of the proceedings against him under section 133 Crimial P.C. pending before the SDM, Anupgarh.

(2.) The facts leading to this petition are these. Petitioner is the owner of ice factory situated in the residential area of village Rawla Tehsil Gharsana. There was leakage of Ammonia Gas from the factory in the morning of 10.7.99. The inhabitants of the area sent a representation to the Chief Minister of Rajasthan. The Patwari of the area made a report to the S.D.M., Anupgarh that though there was no damage caused by the leakage of Ammonia Gas on 10.7.99 yet any time there may be accident as the factory is located in the residential area. On 12.7.99 the inhabitants of the area filed an application under section 133 Crimial P.C. seeking the closure of factory. It was alleged that because of the leakage of the Ammonia Gas on 10.7.99 children had problem in respiration, they had vomitings and there was irritation in their eyes. Affidavits were filed in support of the application. The learned S.D.M. after hearing the counsel for the applicants (respondents in this petition) found a prima facie case to proceed under section 133 Crimial P.C. Observing that the ice factory was having adverse effect on the health of the inhabitants, and it was a public nuisance, he registered a case and restrained the petitioner from running the factory upto 27.7.99 on which date they could appear and show cause against the order.

(3.) On the same day, the petitioner appeared in the Court of S.D.M. and filed two applications. In one application, it was stated that though there was leakage of arnmona gas on 10.7.99 yet it did not cause harm to anyone. it was also stated that the factory was the only source of income of the petitioner and the closure of the factory would cause him a loss of Rs. 5000.00per month which is the minimum charges to be deposited in the RSEB. In another application, the petitioner requested that he may be permitted to run the ice factory for 4-5 days so that the milk which was already in process might be utilised.