- (1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor.
(2.) This petition under Section 482, Cr.P.C. is directed against the order dated 28th March, 1996 passed by the learned Additional Sessions Judge, Churu in Criminal Revision No. 26-A/96, whereby the order dated 3rd June, 1995 passed by the Sub-Divisional Magistrate, Churu in Criminal Original Case No. 22/95 under Section 133, Cr.P.C. was upheld.
(3.) The facts of the case may be summarised as below :- On 2nd June, 1995, an application signed by Saleem and others was submitted before the Sub-Divisional Magistrate, Churu. In this application, it was mentioned that the applicant's house was situated near Ramgarhia Darwaaja and about 9 ft. wide portion of the applicant's house was beyond the building line prescribed under Section 165 of the Rajasthan Municipalities Act, 1959 and the applicant had vacated that portion of his house. It was also stated in the application that adjacent to the applicant's house, there was a house belonging to Ranglal Choudhary and others and that house was in dilapidated condition and the outer portion of the house was likely to fall in case that portion of the applicant's house, which he had vacated was demolished. It was alleged in the application that so much house of the Ranglal Choudhary as was beyond the building line should be demolished as it was likely to fall. On receipt of this application, the Sub-Divisional Magistrate directed the Executive Officer of the Municipal Board to conduct a site inspection. On the same day, the Executive Officer of the Municipal Board, Churu conducted the site inspection of the house of Ranglal Choudhary and others. He submitted his report on the same day and stated in the report that house was an old one and was in dilapidated condition and there were cracks in the wall. The Executive Officer further reported that it was desirable that a technical report be obtained. After perusing the report given by the Executive Officer of the Municipal Board, Churu, the Sub-Divisional Magistrate, Churu passed an order, whereby the Assistant Executive Engineer, P.W.D., Churu was directed to send the technical report after site inspection. Notices were also directed to be issued under Section 133, Cr.P.C. in Form No. XXI. The Tehsildar, Churu was further directed that the non-applicant be searched out and his correct address as well as whereabouts of the key of the house was found out and a report should be submitted. The file order ordered to be listed on 3rd June, 1995. ;