CWP No. 23411 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 23411 of 2011 Date of Decision: December 15, 2011 Sukhminder Singh …Petitioner Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Inderjit Sharma, Advocate for the petitioner. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition filed under Article 226 of the Constitution is directed against order dated 19.04.2011 (P-8) passed by the Sub Divisional Magistrate, Khanna-respondent No.5, in pursuance of complaint filed by the petitioner. According to the impugned order, proceedings under Section 133 Cr.P.C. are pending where the petitioner-complainant had shown his satisfaction about the shifting of heavy machinery made by the owner of the factory, who is stated to be causing noise pollution. 2. On the query made by the Court, Mr. Inderjit Sharma, learned counsel for the petitioner has stated that the proceedings under Section 133 Cr.P.C. are still pending and have not been concluded. In CWP No. 23411 of 2011 -2- view of the above, we find that the writ petition is wholly pre-mature because the objection which has been raised in the instant petition can be profitably raised before the Sub Divisional Magistrate, Khanna where the petition under Section 133-A Cr.P.C. 6. Accordingly, the present writ petition fails and the same is dismissed. (M.M. KUMAR) JUDGE (RAJIV NARAIN RAINA) JUDGE December 15, 2011 Atul