Madhya Pradesh High Court
Rajeev Sawner vs The State Of Madhya Pradesh on 10 May, 2019
HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE
Misc. Criminal Case No.17601 of 2019.
(Rajeev s/o Shrikrishna Savner v/s State of M.P. and another)
Indore, Dated : 10.05.2019 :-
Shri Akhlaque Khan, learned counsel for the
petitioner.
Shri Anil Ojha, learned Public Prosecutor for the
Respondent No.1/State.
Shri N.L.Tiwari, learned counsel for the Respondent No.2.
This petition under Section 482 of the Cr.P.C. has been filed against the order dated 12.03.2019 passed by Sub Divisional Magistrate, Indore restraining the petitioner from conducting music classes in the building on account of complaint filed by the Respondent No.2 that the sound pollution from music classes disturbs the Respondent No.2 and may also caused damages of the apartments.
Learned counsel for the petitioner submits that there is no public nuisance, therefore, the provisions of Section 133 of Cr.P.C. are not applicable, therefore, stay be granted against the order.
Learned counsel for the Respondent No.2 seeks a short time for making submissions on admission and stay.
Learned counsel for the petitioner submits that police may act any time against the petitioner and, therefore, an order be passed not to take any coercive action against the petitioner till the next date.
Considered this aspect.
After passing of impugned order dated 12.03.2019, the petitioner has not considered this order to be so urgent and has filed petition under Section 482 of Cr.P.C. more than a month since passing of this order and due to laxity on the part of the petitioner itself which shows there is no urgency as such to pass any restraining order.
Oral prayer is rejected.
Submissions on stay application be made positively on the next date.
Matter be listed on the "Top of the List" on 17.05.2019.
[ Shailendra Shukla ] JUDGE (AKS) Digitally signed by Anil Kumar Sharma Date: 2019.05.10 17:32:29 +05'30'