Crl. Misc. No.M-3381 of 2009(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-3381 of 2009 (O&M) Date of Decision: July 19, 2010 Kulwinder Singh @ Happy …..Petitioner Vs. State of Haryana and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.R.S. Mamli, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Application is allowed as prayed for. Counsel for the petitioner has contended that without there being any report from the Haryana Pollution Board to the effect that smoke emitted by Bhatti of the petitioner was causing any hindrance or pollution, the order passed under Section 133 Cr.P.C. to close the bhatti is an illegal order. Counsel argues that had there been any report of the Haryana Crl. Misc. No.M-3381 of 2009(O&M) [2] Pollution Board, the authenticity could have been attached by the orders passed by the Magistrate as well as revisional Court. I have heard counsel for the petitioner and gone through the record. A perusal of the order indicates that vide a letter No.4363 dated September 28, 2006, the Regional Officer, Haryana Pollution Board had also informed that smoke is creating hindrance to the passer-by on the G.T. Road. In view of the sufficient material having been taken into consideration by the Magistrate while passing order under Section 133 Cr.P.C., I do not find any ground to interfere in the order. Dismissed. July 19, 2010 (M.M.S.BEDI) sanjay JUDGE