HARBANS LAL, J. - (1.) THIS petition Under Section 482 Cr.P.C. is directed against the order dated 28.1.2002 passed by the learned Sessions Judge, Merta in criminal revision No. 30/2001 whereby the revision has been dismissed and the order dated 7.8.2001 passed by the learned Addl. Collector -cum -Executive Magistrate, Degana in Criminal case No. 5/97 has been affirmed.
(2.) BRIEFLY stated, the relevant facts giving rise to this petition are that a complaint was filed by one Raja Ram - non -petitioner No. 2 before the learned Assistant Collector -cum -Executive Magistrate, Degana with the allegation that Smt. Chen Devi and Damodar own and possess a residential plot No. 40 in village Goredi Chachan Mohalla Tankipura and that in their Goredi Chachan Mohalla Tankipura and that in their residential house they have set -up a factory against the provisions of law for manufacturing plastic bags and granules and had installed an electric motor of the capacity of 40 HP to run that factory. It was alleged that poisonous gases emitting from the said factory is injurious to the health of the persons of the locality and since the factory is being run all the 24 hours the noise created by the factory is hazardous and also causing nuisance to the people of the vicinity, who cannot sleep during nights and the studies of the students are also being adversely affected. It was prayed that the said factory be got removed immediately. On perusal of the complaint filed by non -petitioner No. 2 Raja Ram and the enclosed affidavits, the learned Magistrate passed an order dated 30.7.1996 directing the petitioners to show cause as to why the order of removal of the alleged public nuisance may not be passed against them and it was also directed that the factory in question be stopped immediately. The petitioners filed their reply on 13.8.1996, wherein they denied the allegations levelled in the complainant and pleaded that the factory is being run since 1994 under valid licence and after obtaining necessary NOC's from the Pollution Board and the Panchayat and that the complainant being personally annoyed with the petitioners has made, this complaint to harm, humiliate and harass him. They also preferred a revision petition against the order passed by the learned Executive Magistrate before the learned Sessions Judge, Merta, who dismissed the revision holding that the impugned order was an interlocutory order against which no revision was maintainable. Then the petitioners approached this Court Under Section 482 Cr.P.C. and this Court by well considered and detailed order dated 10.11.1997 upheld the order pertaining to issuance of show cause notice Under Section 133 Cr.P.C. but, found the order of closing the factory passed Under Section 142 Cr.P.C. illegal and unsustainable in the eye of law and the same was quashed and the parties were directed to appear in the learned court below on 10.12.1997. The Assistant Collector and Executive Magistrate, Degana again passed the final order dated 7.8.2001 on the basis of already filed affidavits and without recording any evidence and collecting any other materials in pursuance to the observations made by this court in the order dated 10.11.1997. The petitioner again filed revision petition before the learned Sessions Judge, Merta who vide impugned order dated 28.1.2002 again rejected the revision and affirmed the order dated 7.8.2001. Hence, this petition.
(3.) LEARNED Counsel for the petitioners has vehemently contended that the learned courts below have totally disregarded the observations of this Court given in the order dated 10.11.1997 as also the provisions of Section 138 of the Cr.P.C. He submitted that this tentamounts to abuse of the process of the Court and rejection of criminal, revision filed by them does not come in the way of exercise of inherent powers by this Court in quashing the aforesaid illegal orders which have been passed in disregard to the order of this Court dated 10.11.1997. In this regard, he has placed reliance on : 1997CriLJ1519 (Krishnan and Anr. v. Krishnaveni and Anr.), 1999 S.C.C. (Cri.) 77 (Jitendra Kumar Jain v. State of Delhi and others), 1974 Cr.L.J. (Mysore) 220 (Balakrishna Rao v. State of Mysore and Others), 1976 Cr.L.J. 1448 (Banta Singh v. Sohawa Singh and others), 1982 R.L.W. 538 (Kailash Chandra Jain v. S.M. Poddar) and the order dated 10.11.1997 passed by this Court in S.B. Cr.Misc. Petition No. 923/96 (Smt Chen Devi and Anr. v. State of Raj. and Anr.).;