SHEW KHELAON RAM KALWAR Vs. NAYAN BEPARI

JUDGEMENT

(1.) This is a Rule calling upon the Deputy Commissioner of Lakhimpore and the opposite party to show cause why the order dropping proceedings under Section 133, Criminal Procedure Code, should not be set aside and the case proceeded with according to law.

(2.) The opposite party has appeared to show cause.

(3.) The petitioner before as complained against the opposite party that a hide godown belonging to him was causing a great nuisance in the locality and prayed that it might be directed to be removed. The learned Magistrate thereupon made a conditional order under Section 133. The opposite party was served with notice to show cause and he showed cause. Thereupon the Deputy Commissioner directed the Assistant Commissioner to make an inquiry at his own convenience and report. On receiving the report of the latter, the Deputy Commissioner made the following order: "Read the Assistant Commissioner s report. This shows that there is no ground for an order under Section 133, Criminal procedure Code. Rule discharged."