Law: Criminal Procedure Code (V of 1898)

Section: 133, 142

(a) Criminal Procedure Code (V of 1898) Ss. 133 & 142-Public nuisance-Injunction-Electrically operated machinery rocking entire locality creating abnormal vibration in adjoining houses, causing cracks on walls of buildings, and creat ing unbearable noise -Working of machinery source of physical discomfort to entire locality - Held, Magistrate not only empowered, in circumstances, but also under obligation to stop working of machinery by injunction under S. 142. Section 142, Cr. P. C. admittedly relates to proceedings under section 133, Cr. P. C., which is applicable to all cases of nuisance mentioned in that section. It is therefore, obvious that the word 'public used in section 142, Cr. P. C. includes the word 'community' mentioned in para. 3 of sub section (1) of section 133, Cr. P. C. As such, the Magistrate was, empowered to pass an order restraining the petitioner from working the machinery in question if he was satisfied that there was an imminent danger or injury to the health or physical comfort of the "community". He visited the spot himself and noticed that the vibration created by the machinery was abnormal and caused vibration which was felt in the adjoining houses. He also saw some cracks on the inner walls of the mosque and some of the houses. He also noticed that one of the minarettes of the mosque had also cracked and the house of one person, which was contiguous to the furnace in the petitioner's factory, got heated up. He also found that the noise and vibration created by the working of the machinery was of constant nature, and, through his personal observation, be was satisfied that the working of the heavy electric machinery in the factory and the furnace, was a source of a physical discomfort to the entire locality. On having been so satisfied, he was not only empowered but was under an obligation to pass the order stopping the working of the said heavy machinery and the furnace in exercise of his powers under section 142, Cr. P. C. because the danger to health, or at least the physical discomfort caused to the community was not only imminent but was in fact, a present and continuing nuisance . Emperor Y. Tulsi…