1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. CRIMINAL MISC. PETITION NO.1130/2010 (Chattan Singh Vs. State & Ors.) Date of Order : 06.08.2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Ashwini Swami, for the petitioner. Mr. Anil Joshi, Public Prosecutor. Heard learned counsel for the petitioner. Upon application filed by the complainant party, an order was made by Sub-Divisional Magistrate, Sriganganagar for removing the public nuisance under Section 133 Cr.P.C. the said order was passed by the SDM after taking into consideration the report of the concerned Police Station. The order passed by the SDM, Sriganganagar was further challenged by way of filing revision petition before learned Addl. Sessions Judge No.1, Sriganganagar. The revisional Court gave finding that contention of petitioner with regard to continuance to the working at the place since last 10 to 12 years and till today that no objection has been raised by anybody then this application filed under Section 133 Cr.P.C. for removing public nuisance is baseless and passed upon political reasons. Learned revisional Court gave finding that 2 as per report of the police, working of the petitioner is creating human problem in the area concerned, therefore, the order passed by SDM is perfectly in consonance with the provisions of law. The legality and propriety of the order passed by SDM has already been seen by the revisional Court in revision petition and while giving elaborate reasons, the revision petition was dismissed by revisional Court. In my opinion, no illegality has been committed by SDM as well as by revisional Court while passing the impugned orders, which requires any interference by this Court while exercising the power under Section 482 Cr.P.C. Hence, this misc. petition is dismissed. (GOPAL KRISHAN VYAS), J arun