the photographs before the learned Magistrate on 09.05.2017, it does not appear that any enquiry was held by the learned Magistrate. As such, thereafter, the order dated 09.05.2017 containing the impugned directions only means that the order of 06.05.2017 has been made absolute by order dated 09.05.2017. However, the order dated 09.05.2017 has been nomenclatured as an interim order under Section 133 Cr.P.C. If this order dated 09.05.2017 is taken to be as an interim order under Section 133 Cr.P.C, then, the petitioner and respondent No.2 ought to get another opportunity for explaining that the storage of the containers in the premises of ICD, Tuglakabad cannot be termed as a nuisance, for the Magistrate to initiate proceedings and pass conditional orders. Now, in that event, the petitioner and respondent No.2 would be under an obligation to appear before the Magistrate who would question them and on showing cause by them, would take evidence in the matter as in a summons case (Section 138 of Cr.P.C). In that event, if the Magistrate is satisfied with the order passed as it originally stood or subject to such modification as is considered necessary, reasonable and proper, the order shall be made absolute with or without modification. If the Magistrate is not so satisfied, no further proceeding shall be taken in the case. The provisions of the Code enjoin the Magistrate, for the purposes of an enquiry under Section 137 or 138, to direct a local investigation or summon and examine any expert, subject to the provisions of Section 140 of Cr.P.C.
