- (1.) This application under Section 482 of Cr.P.C. has been filed by the applicants with the prayer to quash the impugned conditional order dated 27.4.2016 passed by Sub Divisional Magistrate, Mariyahun, Jaunpur/respondent no. 2 as well as the entire proceedings of Case No. 2/16, State vs. Shamim Alam and others, under Section 133 Cr.P.C., pending in the court of Sub Divisional Magistrate, Jaunpur.
(2.) Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
(3.) Submission of the counsel for the applicants is that the impugned order passed by the S.D.M. dated 27.4.2016 whereby a time limit of one week has been given to the applicants to stop the factory and show cause why the conditional order should not be made absolute, is not tenable in the eyes of law as without finally adjudicating upon the correctness of the allegations on the basis of which the factory has been required to be stopped, a direction to stop the factory has been made. Further submission is that the factory is being run in accordance with the rules and regulations and the running of the factory is not causing any kind of such nuisance or unlawful activity which may have any harmful effect on anything at all. But, it has been fairly admitted by the counsel that so far no objections in reply to the impugned show cause notice or the conditional order have been submitted on behalf of the applicants in the court below.;