Criminal Misc. No. M-39028 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-39028 of 2011 Date of Decision: 22.12.2011 Abhey ... Petitioner Versus State of Haryana and Another ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. B.S. Bairagi, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of the order dated 2.5.2011 (Annexure P1), passed by the Court of Sub Divisional Magistrate, Charkhi Dadri, whereby the petitioner was directed to remove his workshop, where the work of denting and welding is undertaken, out of the residential locality. The Sub Divisional Magistrate had invoked Section 133 Cr.P.C. and held that the petitioner is carrying on the work of denting and welding, for which purpose he is using lathe machine, air compressor and a welding set. The Court had taken it to be a case of noise pollution and ordered closure. Aggrieved against the order of the Sub Divisional Magistrate, the petitioner filed revision petition, which was partly accepted by the Court of Additional Sessions Judge, Bhiwani, vide order dated 7.11.2011 Criminal Misc. No. M-39028 of 2011 2 (Annexure P2), holding that the petitioner cannot operate lathe machine and a welding set in the residential area, however, he was permitted to operate air compressor. Both the Courts below have found that the work carried out by the petitioner, in the residential area, caused noise pollution and the same has been held to be a nuisance under Section 133 Cr.P.C. That being so, this Court shall not cause interference while invoking Section 482 Cr.P.C. However, learned counsel for the petitioner has made a prayer that as the petitioner is running his business in the residential area from the last two decades, a sufficient time be granted to him to make an alternative arrangement. I find merit in the alternative prayer made by the petitioner. Hence, the present petition is hereby dismissed. However, the petitioner is granted six months' time to shift his workshop from the residential area to any other permissible area. (Kanwaljit Singh Ahluwalia) Judge December 22, 2011 “DK”