U/s 133 crpc seeking opinion.
Avinash
(Querist) 14 April 2010
This query is : Resolved
Sir,
I have sent complaint to Commissioner of Police, Delhi Police for illegal running of Auto repairing and Auto puncture shop and establishment of compressor machine in main room thereby creating air pollution, noise pollution and threat to my family member lives also, in residential flats Dilshad Garden, DDA Flats. Consequently, SHO Seema Puri has taken action & prepared Kalandra U/s 133 crpc and forwarded to S.D.M. Seema Puri for necessary action.
SDM has served the notice to both parties and asked to appear on 10/3/2010. Defendant party come with pleader and his advocate ask for copies of complaint, nature of the case. N.D.Hearing was on 23/3/2010. On dated 23/3/2010, Defendant party replied against my complaint. N.D. hearing was 13/4/2010. On dated 13/4/2010, I have submitted the replication prepared by my advocate along with action report of Delhi pollution Control Committee which forwarded to Commissioner of Industry and Commissioner of Industry action report forwarded to Deputy Commissioner, North East District, Nand Nagri, Delhi for necessary action, even M.C.D south Zone has issued sealing notice to above mentioned Auto repair Shop owner.
Despite of submission of four govt. authority’s necessary action letter alongwith replication. SDM asked to prove the public nuisance. It is a private nuisance, you are the only victim. Unless it is proved the publice nuisance. I will not able to take action. Whilst, my advocate says that if a single person is affected by nuisance then it is public nuisance, he is having judgment of Supreme Court for the same.
Queries.
1. Single person is aggrieved by nuisance U/s 133 crpc. Is it public nuisance or isn’t?.
2. Under the circumstances same nature of case pending in Karkardooma Court. Does S.D.M empowered U/s 133 crpc to give adjudication without hesitation.
3. Any other remedies.
Regards,
Avinash
Raj Kumar Makkad
(Expert) 14 April 2010
The opinion of SDM is against law. Even if one person is affected then also SDM can initiate criminal action under section 133 Cr. P. C. Adjournments are the requirement of legal procedure.
Avinash
(Querist) 15 April 2010
Dear Sir,
Very thankfull for your sugestion.
Same nature of civil case still pending in karkardooma court from 10, July 2009. But U/s 133 complaint was lodged on 14/June/2009. Then, in the case of existing civil case, SDM may take action.
Regards,
Avinash
