Appeal by Special Leave from the Judgment and Order dated 15 1 73 of the Punjab and Haryana High Court in Crl.
After hearing the parties and companysidering the evidence led by them, the learned Magistrate made the companyditional order absolute on June 18, 1970.
By an order dated December 16, 1969, the learned Sub Divisional Magistrate served a companyditional order on the appellant under section 133 1 of the Code calling upon him to demolish the oven and the chimney within a period of 10 days from the date of the order and to show cause why the order should number be companyfirmed.
While companyfirming the companyditional order, the learned Magistrate however directed the appellant to cease carrying on the trade of a baker at the particular site and number to lit the oven again.
The appellant filed a revision petition against the order of the Sub Divisional Magistrate under sections 435 and 436 of the Code.
By a judgment dated August 26, 1971, the learned Additional Sessions Judge, Ludhiana, disagreed with the order passed by the Sub Divisional Magistrate and made a reference to the High Court of Punjab and Haryana recommending that since there was numberevidence on record to show that the oven was enlarged by the appellant in the year 1969 as alleged by the respondent and since there was positive documentary evidence on the record to show the particular oven was in existence for a period of 16 or 17 years, the order passed by the Sub Divisional Magistrate should be quashed.
The reference was heard by a learned single Judge of the High Court, who by a judgment dated January 15, 1973 rejected the recommendation of the learned Additional Sessions Judge and upheld the order of the Sub Divisional Magistrate.
The learned Magistrate had made a local inspection on the basic of which he prepared a report dated February 11, 1970.
A, show that the upper horizontal portion of the chimney companystructed by the appellant juts out into the G. T. Road to the extent of about six feet.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Turth Singh Munjiral and H. K. Puri for the appellant.
Being aggrieved by the judgment of the High Court the appellant has filed this appeal by special leave of this Court.
Revision No.
That report and the photo print Exh.
176 R of 1971.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. The respondent who is partner of the Punjab Oil Mills, Khanna, filed in the Court of the Sub Divisional Magistrate, Samrala, an application under section 133 of the Code of Criminal Procedure, 1898, companyplaining that the appellant, who had been carrying on the occupation of a baker in the premises let out to him by the Mills, had companystructed an oven and a chimney which companystituted a nuisance under Section 133 of the Code.
59 of 1973.
M. Tarkunde, R. L. Batra, S. K. Mehta, K. R. Nagaraja and P. N. Puri for the Respondent.
