Criminal Misc. No. M-26903 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26903 of 2011 Date of decision:-05.09.2011 Narinder Singh ...Petitioner Versus Naveen Kumar ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Jasbir Singh Chahal, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge is to the order dated 30.07.2011 (Annexure P-7) whereby the Additional Sessions Judge, Ludhiana has set aside the order dated 18.5.2010 passed by the trial Court on an application under Section 133 of the Code of Criminal Procedure. An application under Section 133 Cr.P.C. was filed before the S.D.M., Jagraon for removal of the Flour Mill (Atta Chakki) on the obligation that it was a source of nuisance and it affected the health of respondent and his family members. The trial Court allowed the application and directed that the respondent will close the Flour Mill within a period of one month. This order has been set aside and the matter has been remanded back to the Lower Court to decide afresh after observing the procedures contemplated under Section 133 Cr.P.C. The proceedings under Section 133 Cr.P.C. are initiated by an aggrieved party only in case of emergency and imminent danger to the Criminal Misc. No. M-26903 of 2011 -2- health and physical comfort to the community. The object is not to enable the complainant to obtain any order to safeguard his civil rights. The order under Section 133 Cr.P.C. is for the benefit of public at large. In Makhan Lal versus Buta Singh 2003(2) RCR (Criminal) 416the Co-ordinate Bench of this Court has held that if an Atta Chakki is installed in residential area for nine years, no action under Section 133 Cr.P.C. is required. No merits. Dismissed. September 05, 2011 ( RITU BAHRI ) Vijay Asija JUDGE