SB Cr. Misc. Petition No.889/2005 Polaram Vs. State & Ors 1 S.B. Cr. Misc. Petition No.889/2005 Polaram vs State of Rajasthan & Ors. DATE OF ORDER : - 9.7.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Vijay Purohit, for the petitioner. Mr.VR Mehta, Public Prosecutor. Mr.Talat Bari, for the respondent. <><><> Heard learned counsel for the parties. The petitioner has challenged the order passed by the SDO, Jalore dated 3.8.2005. Learned counsel for the petitioner submitted that so far as continuation of the proceedings under Section 133 Cr.P.C. if is not quashed then the order passed under Section 142 Cr.P.C. directing the petitioner to remove his saw machine is absolutely illegal and deserves to be quashed. It appears from the facts of the case that petitioner's licence to run the saw machine was cancelled, which was challenged by the petitioner by preferring the writ petition before this Court wherein interim order has been passed in faovur of the petitioner. According to the petitioner, no case is made out for interim order Section 142 SB Cr. Misc. Petition No.889/2005 Polaram Vs. State & Ors 2 Cr.P.C. as there was no question of situation being emergent. Section 142(1) Cr.P.C. is very clear and specifically says that if a Magistrate making an order under Section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. It appears from the impugned order that the learned Magistrate has not recorded how the running of saw mill will be of eminent danger or may cause injury of serious kind to the public. It appears that the order lacks the reasons and record as no sufficient material for passing the order under Section 142 Cr.P.C. In addition to the above, the operation of the order was stayed b this Court as back as on 22nd August, 2005. Therefore, in view of the above reason, the order passed under Section 142 Cr.P.C. cannot given effect now after three years from the order passed by this Court. However, the proceedings under Section 133 Cr.P.C. can SB Cr. Misc. Petition No.889/2005 Polaram Vs. State & Ors 3 continue. In view of the above reasons, the petition is partly allowed. The order passed by the learned Executive Magistrate dated 3.8.2005 so far as it was passed under Section 142 Cr.P.C is set aside. The learned Executive Magistrate is directed to decide the petition under Section 133 Cr.P.C. expeditiously if has already not been decided. (PRAKASH TATIA), J. c.p.Goyal/-