Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner against the order dated 02.07.2011 passed by Additional Sessions Judge, Parbatsar (for short 'the revisional court' hereinafter) in a revision petition, whereby the revisional court has dismissed the revision petition.
(2.) BEFORE the revisional court, the petitioner has challenged the order dated 29.03.2011 passed by Sub Divisional Magistrate, Parbatsar (for short 'the trial court' hereinafter) in the proceedings under section 133 and 142 Cr.P.C.. The trial court vide order dated 29.03.2011 accepted the complaint filed by the respondent No. 2 and ordered for removal of Bhatti and tin -shade erected by the petitioner in front of his shop situated at bus stand of village Peeh with the help of police. Brief facts of the case are that respondent No. 2 filed a complaint under sections 133 and 142 Cr.P.C. before the trial court alleging therein that at the bus stand of village Peeh, he is running a fancy store in a shop and adjacent to it, the petitioner is running a hotel in his shop. It is alleged in the complaint that the petitioner has erected Bhatti and a tin -shade on common road in front of his shop 8 -10 months ago and prepares sweets, namkins and tea all the time and on account of that, smoke in huge quantity entered into the shop of the respondent No. 2 and on account of that, the fancy items of the shop become deteriorate. It is alleged that despite repeated requests, the petitioner has not stopped to use Bhatti. The trial court, after recording the evidence of both the parties and after taking into consideration the site report prepared by Nayab Tehsildar, has ordered for removal of Bhatti and tin -shade erected by the petitioner in front of shop of the respondent situated at bus stand of village Peeh on the road with the help of the police.
(3.) THE revision petition filed by the petitioner against the order dated 29.03.2011 has been dismissed by the revisional court by impugned order dated 23.07.2011. Aggrieved by this, the petitioner has filed this criminal misc. petition.;