In the High Court of Punjab and Haryana at Chandigarh Crl.Revision No. 114 of 2004(O&M) Date of Decision:April 30, 2009 Chiman Lal and another ---Petitioners versus Subhash Chand and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr.Jaswant Jain ,Advocate, for the applicant- petitioners Mr. N.S.Shekhawat, Advocate for the respondents. *** SABINA, J. Crl. Misc. No. 10464 of 2009 For the reasons mentioned in the application which is supported by an affidavit, this application is allowed. Criminal Revision petition is ordered to be restored to its original number. Crl.Revision No. 114 of 2004 This revision petition under Section 401 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) has been filed challenging order dated 22.12.2003 passed by Sub Divisional Judicial Magistrate, Rewari whereby application filed under Section 133 Cr.P.C. was allowed Crl.Revision No. 114 of 2004(O&M) -2- and the present petitioners were directed to close the machines for cotton and ginning immediately. After hearing learned counsel for the petitioners no ground for interference is made out. Learned Sub Divisional Magistrate, Rewari in the impugned order after hearing the parties has observed as under:- “After hearing all the parties and after spot inspection, I have reached at the conclusion that respondent Madan Lal has installed a machine for cotton and ginning in his house in an open court yard. For operating the machine an engine has been installed and working of the machines, dust and particulars of cotton fly/spread in the air. Similarly respondent Chiman Lal has also installed a machine for cotton and ginning in his residential house and has installed an electric motor. On account of working of the machines, dust and particles of cotton fly/spread in the air. Like wise respondent No. 3 has also installed a machine for cotton and ginning in his residential house. On its working dust and particles of cotton fly/spread in air due to which it is difficult to breath and is a source of nuisance. On account of fly/spread of the particulars of cotton even health is affected. There are number of residential houses in an around area where the respondents have installed machines for cotton and ginning, therefore I accept the application filed by the applicants and order the respondents for closure of the machines for cotton and ginning immediately. File be consigned to record room, after due Crl.Revision No. 114 of 2004(O&M) -3- compliance.” During the course of arguments it has transpired that licences of the petitioners were later cancelled by the Municipal Corporation. The reasons given by the learned Sub Divisional Magistrate, Rewari, in ordering the closure of the cotton and ginning machines, are sound reasons and do not call for any interference. The revision petition is dismissed accordingly. (SABINA) JUDGE April 30, 2009 PARAMJIT