V.S.AGGARWAL, J. - (1.) THIS order shall dispose of Criminal Revision No. 574 of 1992 and Criminal Revision No. 375 of 1992. A printing press under the name and style of M/s. Passi Printing Press is being run in residential House No. 11, Sector 19-A, Chandigarh. A complaint had been made with the Sub Divisional Magistrate, Chandigarh that due to running of the private printing press disturbance is caused. It is a public nuisance for the landlord and the people residing nearby. It is telling very badly upon their health and studies of the school and college going children. They cannot even sleep properly.
(2.) AFTER recording evidence and considering the pleas the learned Sub Divisional Magistrate, Chandigarh on 10.7.1991 concluded that due to running of the printing press in the garage of the house nuisance is being caused to the residents of the locality. It is injurious to the health and physical comfort of the people living in the adjoining houses, Under Section 133 of the Code of Criminal Procedure, the learned trial Court directed that running of the printing press be stopped forthwith and it be removed from the premises mentioned above within a period of 15 days. The respondent preferred a revision petition. The learned Sessions Judge, Chandigarh on 12.2.1992 set aside the order passed by the Sub Divisional Magistrate, Chandigarh. It was held that the landlord had approached the Court after being unsuccessful after his attempt to the civil court. It was further concluded that clause (a) of Section 133 of the Code of Criminal Procedure and clause (b) of the said section are not attracted. There is no finding that the printing press was a source of discomfort or injurious to the health of the residents. With these findings, the order of the trial court was set aside.
(3.) AGGRIEVED by the same, the present two revisions under consideration have been filed. Clauses (a) and (b) of Section 133 of the Code of Criminal Procedure which are relevant for the purposes of the present are being reproduced below for the sake of facility : "(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or" It is apparent from the tenor of section 133 of the Code of Criminal Procedure that proceedings are summary in nature. They are intended to enable the Magistrates to summarily deal with cases of urgency. Therefore, this Court has to act with all possible fairness. While Clause (a) of Section 133 of the Code of Criminal Procedure refers to lawful obstruction or nuisance in a public place or from any river or channel, Clause (b) is applicable if the conduct of any trade or occupation is injurious to the health or physical comfort of the community.;