- (1.) THIS application under Section 401 and 482 of the code of Criminal Procedure, 1973 is directed against an order dated 8. 6. 1984 passed by the learned Executive Magistrate, Basirhat in M. P. No. 267 of 1984 making an order dated 19. 3. 84 passed by the said learned Executive Magistrate, absolute.
(2.) THE said order dated 19. 3. 84 reads as follows : "seen petition M/s. 133 Cr. P. C. Heard Ld. lawyer for the 1st Party and seen the report of sanitary Inspector, baduria R. H. Circle. I am, prima facie, satisfied that the 0. P. is conducting a business for elimination of heads of Prawn fishes in a thickly populated area over a P. W. D. land at Arsula under Baduria P. S. , and the eliminated rotten heads of the prawn are spreading unhealthy orders in the surroundings causing discomfort of the General Public and an unhealthy atmosphere in the locality. I am also satisfied that conduct of such business is injurious to the comfort and health of the General Public. I draw up proceedings U/s. . 133 cr. P. C. prohibiting conduct of the said business in the said place immediately. Causes, if any, be shown by the. Ps. by the next date. To 10. 4. 84. "
(3.) THEREAFTER, the order sheet of the learned Magistrate reads as follows : "10. 4. 84 : 1st party is present. 2nd party appears and prays for time to S/c. To 30. 4. 84. 30. 4. 84 : Both parties present. O. Ps. file S/c. Seen show cause. For hearing to 2. 6. 84 2. 6. 84 : To 8. 6. 84. 8. 6. 84 : 1st party present and heard o. Ps. absent without any tadbir. Seen the S/c filed by the O. Ps. and the copy of order of Hon'ble High Court. No further order passed by Hon'ble High Court has been submitted by the O. Ps. Moreover, O. Ps. are absent to-day without any tadbir. I do not find any material in the'' S/c submitted by the O. Ps. for variation of my order U/s. 133 Cr. P. C. passed on 10. 3. 84. Hence, the order passed on 19. 3. 84 us. 133 Cr. P. C. is made absolute. Inform O. Ps. and O. C. Baduria P. S. for information and necessary action. O. C. Will ensure compliance of the order of prohibition of the conduct of the alleged business. ";