KHETU DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, under Section 482, Cr. P.C., the petitioner has challenged the order dated 721998 passed by learned Sub Divisional Magistrate, Phalodi (District Jodhpur) under Section 133; Cr. P.C. in Criminal Case No. 5/96, State v. Khet Dan instituted on the report of S.H.O., Bap after inquiry made by him on the complainant lodged by the respondent No.2 Gordhan in the Court of learned Sub Divisional Magistrate, Phalodi and forwarded by him for inquiry by order dated 3-4-1996. By the impugned order, the learned Sub Divisional Magistrate, Phalodi rejected the application of the petitioner for dropping the proceedings and also ordered to close down the lime-kiln of the petitioner in village Sanwara.

(2.) The respondent No.2 Gordhan alleged in his complaint that the limekiln run by the petitioner is creating air pollution by throwing smoke and dust thereby causing nuisance making vicinity inhabitable because the lime-kiln has been installed in the mid of the residential houses of the village. The learned S.D.M. forwarded the complaint to S.H.O., Bap for inquiry after lodging the report as aforesaid.

(3.) The learned S.D.M., Phalodi registered the case under Section 133 Cr. P.C. on 3-6-1996 and issued simple notices to the petitioner i.e. conditional order was not passed as envisaged under Section 133(1), Cr. P.C. The petitioner put in appearance and submitted his objections on 27-12- 1997 and prayed for dismissing the complaint on the grounds mentioned therein. The learned S.D.M. heard the argument and passed the impugned order as stated above.