Criminal Revision No. 35 of 1998 1 In the High Court of Punjab and Haryana, Chandigarh. 1. Criminal Revision No. 35 of 1998 Date of Decision: 30.01.2008. State of Punjab …Petitioner Versus Krishan Kumar …Respondents AND 2. Criminal Revision No. 1197 of 1997 Sham Lal and Others …Petitioners Versus Krishan Kumar and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Jaspreet Singh Sandhu, Assistant Advocate General, for the State. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) By this order, two criminal revision petition Nos. 35 of 1998 and 1197 of 1997 are disposed of together as the common issue is involved in these revision petitions. The Court of learned Sub Divisional Judicial Magistrate, Criminal Revision No. 35 of 1998 2 Bathinda, exercising powers under Section 133 Cr.P.C. ordered that respondents should shift their Diesel Bhatties to some other open area with due clearance from the competent authorities within three months of passing of the order. This order was challenged by Krishan Kumar, Proprietor of Happy Sweet House, Gali Fire Brigade, Bathinda. Learned Additional Sessions Judge, Bathinda, vide his order dated 10.10.1997 has set aside the order stating that the Diesel Bhatties are not being worked with heavy motors. There is no chance of Bhatties explosion since the air created to ignite and magnify flames is not stored in any tank wherein the diesel is also kept. Order of learned Additional Sessions Judge, Bathinda, is no way justified and is palpably wrong. The working of Diesel Bhatties is not only a health hazard but environmental nuisance also. Hence, the order of learned Additional Sessions Judge is set aside. However, it is directed that since the period of ten years has lapsed, learned Sub Divisional Judicial Magistrate, Bathinda, will get a fresh spot inspection carried and if need arise, will initiate action afresh. (Kanwaljit Singh Ahluwalia) Judge January 30, 2008 “DK”