Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 133 & 561-A---Conditional order for removal of nuisance--Legality--Quashment proceedings--- Magistrate making order under section 133, Cr. P. C, directing public health official (respondent) and his staff to continuously supply water to the people of an area and its suburbs and to furnish a surety in the sum of Rs. 200,000, which would be forfeited in case of failure to supply the water---Public health official and his department impugned said order of Magistrate contending that he did not have any jurisdiction under S. 133, Cr. P. C, to bind a department for continuous supply of water irrespective of whether any such facility was available to the department---Order of Magistrate was set aside by the High Court on the grounds that Magistrate failed to understand the object of S. 133, Cr.P.C, and that the order was an abuse of the process of law---Contentions of the complainant (applicant) were that public health official had approached the High Court directly under S. 561-A, Cr.P.C, to set aside the order of the Magistrate and complainant . had no knowledge of the same, and that the complainant was a necessary party in the matter but was not heard by the High Court---Validity---No defect was seen in the of the High Court---Non-associating the comp­lainant in the impugned did not violate any of his rights as it was the public health official who was aggrieved of the Magistrate's order and accordingly the State had been made a party in the impugned ---High Court had taken cognizance of the matter under S.561-A, Cr. P. C, to save the ends of justice and such order could be passed to prevent a wrong or the abuse of the process of law---Application was dismiss­sed, in circumstances. 2000 PCr.LJ 1516; 1999 PCr.LJ 771 and Haji Abdul Aziz v. Haji. Dost Muhammad and others 1999 PCr.LJ 31 ref. 2000 MLD 1935 distinguished. JUDGMENT ABDUL QADIR MENGAL, J--This review application has been filed against the judgment dated 12th September, 2011, whereby the proceedings initiated by the Judicial Magistrate Sanjavi under section 133, Cr.P.C. were quashed by setting aside the order of Judicial Magistrate, Sanjavi dated 15th…

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