Petitioner sought permission to run a repair shop alleged as a nuisance. Learned Standing Counsel obtained instructions confirming pending proceedings under Section 133 Cr.P.C. for the same ground. Court disposed petition giving liberty to contest those proceedings.
Liberty given to petitioner to contest pending proceedings under Section 133 Cr.P.C.
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Court No. - 50
Case :- WRIT - C No. - 7588 of 2020
Petitioner :- Sirajuddeen Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Piyush Agrawal,J.
The prayer in this petition is for a direction commanding the respondents to take appropriate action on the application of the petitioner and permit the petitioner to run his shop concerning repair and sharpening of scissors at Village Kithoda, P.S. Meerapur, District Muzaffar Nagar.
By order dated 03.03.2020, followed by order dated 08.06.2020, the learned Standing Counsel was required to obtain instructions. Pursuant to which, the learned Standing Counsel has obtained instructions from Deputy Superintendent of Police, Muzaffar Nagar. Copy of the written instructions has been passed on to the Bench.
A perusal of the written instructions would reveal that proceeding under Section 133 Cr.P.C. has been initiated and notice has been served upon the petitioner of the said proceeding.
It appears that proceedings under Section 133 Cr.P.C. were initiated on the ground that machines put by the petitioner were making loud noise that amounted to nuisance.
As proceedings under Section 133 Cr.P.C. are stated to be pending, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to contest those proceedings.
With the above liberty, the petition stands disposed off .
The written instructions shall be kept on record.
Order Date :- 6.7.2020 AKShukla/-
3 issues framed by the court
Whether to grant liberty to petitioner to contest ongoing Section 133 Cr.P.C. proceedings regarding alleged nuisance.
Whether to dispose of the writ petition while pending criminal proceedings.
What reliefs to grant in a petition seeking permission to run a repair shop.
1 provisions across 1 enactments
Sirajuddeen
State Of U.P.
Manoj Misra
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
