- (1.) AMAR Saran, J. This application under Section 482 Cr. P. C. has been filed for quashing the proceedings under Section 133 Cr. P. C. in case No. 8 of 2002, State v. Kanahaiya Lal and another, pending in the Court of City Magistrate, Allahabad.
(2.) BY the impugned order dated 13-5-2002, learned City Magistrate had issued a conditional order under Section 133 (1) Cr. P. C. mentioning that the S. H. O. police station Kotwali had reported on 2-7-2001 that the building situated at 56 Shiv Charan Lal Road belonging to Kanhaiya Lal Gupta and Shashi Gupta, was in a dilapidated condition. At the back side of that house is the garage in which applicant No. 2 was running a flour mill. Due to the running of the mill, cracks had appeared on the wall and the roof above the garage room could capsize. Vibrations were felt on the room above and if the flour mill was not shut down, the house would collapse endangering life. The Mukhya Nagar Adhikari, Nagar Nigam, Allahabad however reported on 12-12-2001 that applicant No. 1 was a tenant of that garage and he had been running his flour mill there for a long period of time. This flour mill was being run by the applicant No. 2, Durjan Yadav. There was no crack, according to this report, but only the plaster has come out, which could be repaired. The City Magistrate however was pleased to pass the impugned order under Section 133 (1) Cr. P. C. asking the parties to appear and show cause on 27-5-2002 why the flour mill should not be closed down.
(3.) THE applicant No. 1 filed an objection and showed cause on 1- 7-2002, wherein he stated that it was only in view of the landlord and tenant dispute with opposite party No. 2, which was pending before the Judge, Small Causes Court, Allahabad that the present proceedings under Section 133 Cr. P. C. has been initiated. In view of the pendency of the civil suit, the proceedings under Section 133 Cr. P. C. ought not to have been initiated. THEre was no crack in the motor garage, which was being used by the applicants and the building was not in a dilapidated condition. No neighbour was affected by the running of the flour mill. THE earlier, landlord never initiated proceedings under Section 133 Cr. P. C. or eviction proceedings against the applicants and proceedings under Section 133 Cr. P. C. could not be initiated on the facts of this case. Thereafter the applicant moved the present application under Section 482 Cr. P. C. and on 6-8-2002, proceedings in Case No. 8 of 2002, pending in the Court of City Magistrate, Allahabad were stayed by this Court.;