AMARESH KU.SINGH,J. - (1.) HEARD the learned Counsel for the petitioner, the Public Prosecutor and the learned Counsel for non -petitioner No. 2.
(2.) THIS petition under Section 482 Cr. P.C. is directed against the order dated 28th October, 1996 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Merta in criminal revision No. 38/96 whereby the learned Sessions Judge affirmed the order passed by the Assistant Collector -cum - Executive Magistrate, Degana on 30th July, 1996 in criminal case No. 4/96 Raja Ram v. Chen Devi. By his order dated 30th July, 1996 passed in criminal case No. 4/96 Raja Ram v. Chen Devi, the learned Assistant Collector -cum -Executive Magistrate, Degana passed a conditional order under Section 133 Cr. P.C. and also passed an order under Section 142 Cr. P.C. directing the closure of the factory, which was alleged to have been run by Smt. Chen Devi and Damodar petitioners. The aforesaid order was passed on a complaint filed by Raja Ram (non -petitioner No. 2). In his complaint Raja Ram alleged that Smt. Chen Devi and Damodar owned and possessed a residential house situated on plot No. 40 in village Goredi Chacha Mohalla, Tankipura and that in their residental house they had set up a factory against the provisions of law for the manufacturing of polythene packs and 'Dana' and had installed an electric motor of 40 hrs. power to run that factory. It was alleged in the complaint that poisonous gases emanate from the factory run by Smt. Chen Devi and her son and because of this, lives of ordinary persons have become endangered; that the factory is being operated all the 24 hours and the noise created by the operation of the factory has caused nuisance and people living in the vicnity of the factory cannot live and sleep and the students cannot study and the operation of the factory is injurious for the health of the persons living the neighbourhood of the factory. A prayer was made by Raja Ram in his complaint that the factory set up by Smt. Chen Devi and her son be got removed immediately. On perusal of the complaint filed by Raja Ram and the so called affidavit, the learned Magistrate passed the impugned order dated 30th July, 1996. This order consist of two parts. By the first part of the order the Assistant Collector cum Executive Magistrate directed the issue of notice to Smt. Chen Devi and her son Damodar requiring them to show cause why an order for the removal of the nuisance. By the second part of the order, the learned Assistant Collector -cum -Executive Magistrate directed that the factory belonging to Smt. Chen Devi and her son be stopped immediately and further directed to issue of notice to them.
(3.) THE record of the lower court shows that on 13th August, 1996, the non -applicant (petitioner Smt. Chen Devi and Damodar) filed their reply of the complaint filed Under Section 133 Cr. P.C. and also filed the reply to the application filed Under Section 142 Cr. PC. The case was then adjourned for arguments. Arguments regarding application Under Section 142 Cr. PC were heard on 27th August, 1996 and the case was adjourned to 31st August, 96. Meanwhile, it appears that an application for transfer of case had been filed, and therefore, the learned Assistant Collector -cum -Executive Magistrate could not pass the order. The case was ultimately transfered to the court of sub -divisional Magistrate Merta.;