- (1.) This revision has been preferred against the judgment and order dated 20.8.2014 passed by the Sessions Judge, Varanasi, in Criminal Revision No. 98 of 2014, Sechan Vs. State of U.P. and others, whereby the learned Sessions Judge, Varanasi, while setting aside the order dated 11.2.2014 passed by the Sub Divisional Magistrate, Pindra, District Varanasi, in Case No. 31/17 of 2014, Sechan Vs. Jai Ram and another, under section 133 Cr.P.C., has remanded the case to the S.D.M., Pindra, Varanasi, directing him to pass a fresh order after giving opportunity of hearing to both the parties.
(2.) Heard Sri R. N. Rai, learned counsel for the revisionists, learned AGA for the State and Sri Rang Nath Pandey, learned counsel for O.P. No. 2. Perused the record.
(3.) An application under section 133 Cr.P.C. was moved by O.P. No. 2, Sechan, before the S.D.M. Pindra, Varanasi, for removal of a poultry farm run by Jai Ram and Ram Raj, who are the revisionists in the present revision. The S.D.M. called for reports from the police station concerned, the Pollution Control Board and the C.M.O., Varanasi. The reports were submitted before the Magistrate, who after taking into consideration all the facts and circumstances, passed the order dated 11.2.2014 whereby allowing the revisionists to continue with their business of poultry farm subject to certain conditions relating to cleanliness and sanitation of the poultry farm and also of surrounding environment.;