Law: Civil Procedure Code (V of 1908)

Section: 91(1)

Law: Criminal Procedure Code (V of 1898)

Section: 133,561A

(a) Civil Procedure Code (V of 1908)--- ----S. 91(1) [as amended by the Code of Civil Procedure (Punjab Amendment) Act (XIV of 2018)]---Public nuisance---Suit, filing of---Procedure---Leave of the court---Before amendment of S. 91(1), C.P.C, consent of Advocate General was required when civil suit was to be filed regarding public nuisance---After amendment of S. 91(1) by Code of Civil Procedure (Punjab Amendment) Act (XIV of 2018) now only 'leave of the Court' was necessary for filing such a suit. A. Razzak Adamjee and another v. Messrs Datari Construction Company (Private) Limited and another 2005 SCMR 142 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 133---Public nuisance---Conditional order for removal of nuisance---Filing of complaint---Pre-requisites---Perusal of S.133, Cr.P.C clearly revealed that consent of Advocate General or leave of Court was not required for filing complaint under S.133 Cr.P.C. or for bringing machinery of criminal law into motion---Magistrate could pass order for removal of obstruction or nuisance on basis of police report or any other information/evidence thought fit by him. (c) Criminal Procedure Code (V of 1898)--- ----S. 133---Public nuisance---Conditional order for removal of nuisance---Obstruction---Scope---Blocking drain water of village---Perusal of record revealed that petitioner had prima facie caused unlawful obstruction by filling someland of village 'chapper' (water drainage reservoir) with clay and erecting a 'wat/bund', which resulted into blockage of passage of water from village to 'chapper', which act prima facie constituted 'obstruction' as defined in S.133 Cr.P.C.---Petition was dismissed accordingly. THIS ORDER PASSED BY: FAROOQ HAIDER, J.--- Through this petition filed under Section 561-A Cr.P.C., orders dated 12.07.2019 and 19.07.2019 passed by learned Magistrate Section-30, Shakargarh and upheld by learned Additional Sessions Judge, Shakargarh/ revisional Court vide order dated 02.08.2019 have been challenged with the following prayer: -- "In view of above, it is therefore most respectfully prayed that the instant petition may very kindly be accepted and the impugned orders dated 12.07.2019,…

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