T.P.S.MANN, J. - (1.) PETITIONERS herein are challenging the order dated 10.4.2003 passed by Additional Sessions Judge, Faridabad whereby their revision against the order dated 4.3.2002 passed by Sub Divisional Magistrate, Faridabad was dismissed.
(2.) A complaint dated 15.12.2000 (Annexure P-6) was filed by the respondents under Section 133 Cr.P.C. in the Court of Sub Divisional Magistrate, Faridabad for removal of unlawful nuisance of workshop at House No. 2033, Jawahar Colony, NIT, Faridabad, being run by the present petitioners. It was alleged that on account of running of the said workshop, the complainant, his children and other inhabitants of the area were being exposed to health hazard, air pollution and noise pollution, as it was situated within the residential area. On 23.1.2001, Sub Divisional Magistrate passed a conditional order directing the present petitioners to appear on 30.1.2001 and to show-cause as to why the order for removing the nuisance be not enforced against them. In reply thereto, the petitioners filed written statement dated 10.2.2001 (Annexure P- 8), wherein they prayed that the complaint made against them was false, frivolous and vexatious and the same may kindly be dismissed. The case was, thereafter, adjourned for enabling the complaint to lead the evidence. In support of his pleas, the complainant examined a number of witnesses and finally closed his evidence on 5.6.2001. The petitioners, thereafter, produced six witnesses in support of their case, besides submitting copies of sales tax, renewal certificate etc. An application was, thereafter, moved by them for spot inspection, which was accepted. After the spot inspection was completed, arguments were heard by the Sub Divisional Magistrate. Finally, on 4.3.2002, the Court accepted the application under Section 133 Cr.P.C. filed by the complainant-respondent and the conditional order made on 23.1.2001 was made absolute. The petitioners were directed to remove the workshop from house No. 2033, Jawahar Colony, NIT, Faridabad.
(3.) THE aforementioned order passed by the Magistrate was challenged by the present petitioners by filing a revision, which was, however, dismissed by Additional Sessions Judge, Faridabad vide order dated 10.4.2003.;