B.L.Yadav, J. - (1.) By present criminal revision, under sections 397/401 of the Code of Criminal Procedure 1973 (for short the Code), order dated 18.7.1986 passed by Additional Sessions Judge/Special Judge, Meerut passed in Criminal Revision No. 48 of 1986 (Mohd. Islam v. State of U.P. and others) allowing .the revision and setting aside the conditional order dt. 17th April, 1984 passed by City Magistrate, Meerut in a proceeding under sections 133/1.37 of the Code initiatedagainst Mohd. Islam Opposite party No.2, is sought to be quashed.
(2.) The facts of the case are few and simple and they are these: The applicants moved an application before the City Magistrate, Meerut purporting to be under sections 133/137 of the Code for initiating proceedings against the opposite party No.2 as the latter runs in factory in the vicinity for manufacturing Wheel panas and during process of manufacturing, public nuisance, was created due to which the residents of the locality could not deep well not on account of unsual noise, some cracks had been created in neighbouring buildings, hence, it was prayed that opposite party No.2 may be restrained from creating public nuisance or from running the said factory. The Kotwali Police submitted a challan report against him under section 133 of the Code for taking necessary action. The City Magistrate passed a conditional order under section 133(1) of the Code on 18/4/1984 asking the opposite party No.2 to show cause as to why not the said conditional order may be made absolute.
(3.) The opposite party No.2 appeared and contested the notice alleging that the same was mala fide and that no discomfort was created by the said factory which is being run for the last more than 20 years. In substances the allegations made in the notice and the application were denied and It was urged that even in 1957 similar complaint was filed but the same was dismissed, hence that order would operate as res judicata and 10 any case proceedings are liable to be quashed and the condition order deserves to be discharged. In support of the notice to Initiate proceedings under section 133 of the Code P;W. 1 Walluddin, P.W. 2 Anwar Ahmad, P.W. 3 Mohd. Ishqaue, P.W. 4 Hashmat Khan & P.W. 5 Sabir Ali were examined by the applicants and O.P.W. 1 Islam, O.P.W. 2 Saleem and O.P.W. 3. Babu Ibrahim were examined by opposite party No.2 and other evidence was also led.;