Rajasthan High Court - Jaipur
Morpal Sahu vs State Of Rajasthan And Ors on 6 December, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1480/2016
Morpal Sahu
----Petitioner
Versus
State Of Rajasthan And Ors
----Respondent
For Petitioner(s) : Mr. Khem Singh Rajawat for Mr. Prahlad Sharma For Respondent(s) : Mr. Prakash Thakuriya PP Mr. J.K. Singhi Sr. Counsel with Mr. Amitabh Jatav for respondent nos. 2 to 4.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
06/12/2018 The present petition has been filed under Section 482 Cr.P.C. to assail the order dated 5.3.2016 passed by revisional court below whereby the order passed by the Sub Divisional Magistrate, Chhabada in Case No.02/2015 was set aside and the matter was remitted back to the court of Sub Divisional Magistrate, Chhabada to decide the matter afresh after taking into consideration the report of Pollution Board.
Briefly stated, on 18.12.2003, petitioner filed an application under Section 133 Cr.P.C. praying that the respondents no. 2 to 4 be directed to remove flour mill, as the same not only causes noise pollution but the shivering of grinder quern cause nuisance.
The court of Sub Divisional Magistrate accepted the prayer made by the petitioner and ordered removal of the flour (2 of 2) [CRLMP-1480/2016] mill. Aggrieved against the same, respondent nos. 2 to 4 preferred revision petition.
Mr. J.K. Singhi, learned Senior Counsel assisted by Mr. Amitabh Jatav, appearing for the respondent nos. 2 to 4 has submitted that the revisional court below held that the report of Pollution Board has not been taken into consideration by the court of Sub Divisional Magistrate before passing the impugned order.
Mr. Khem Singh Rajawat, learned counsel for the petitioner has submitted that the report of Pollution Board is in favour of the complainant.
Learned counsel for the respondent nos. 2 to 4 has denied this fact and has asserted that the Pollution Board has given report that the flour mill of the respondent nos. 2 to 4 causes no pollution.
After hearing the learned counsel for the parties, the present petition is disposed of with the direction to the court of Sub Divisional Magistrate, Chhabada to decide application filed under Section 133 Cr.P.C. by the petitioner afresh by taking into consideration reports relied by the parties alongwith other documents in their favour within one month from the date of receipt of certified copy of this order.
Both the parties are permitted to place on record the report of Pollution Board and other documents in support of their contentions to be raised before the court below.
(KANWALJIT SINGH AHLUWALIA),J Mak/-
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