ORDER

1. Leave granted.

2. This appeal by special leave is directed against the judgment of the Bombay High Court in Criminal Appeal No. 1078 of 1991, dated 9-3-1993 affirming the order passed by the Sessions Judge and the Sub-Divisional Magistrate under Section 133 of the Code of Criminal Procedure, 1973 for short the Code. The admitted facts are that the appellants are tenants in 15 shops in Jalgaon Municipality. A notice under Section 133 was issued on 1-11-1983 in Criminal Case No. 2 of 1976 stating that from the material placed before him the Sub-Divisional Magistrate i.e. SDM was satisfied that the shops are in a very dilapidated condition which are beyond repairs and that therefore they are immediately required to be removed (under Section 133 of the Code). The appellants have objected to and adduced evidence. On consideration thereof, the learned Magistrate held that unless the shops are demolished there is imminent danger to the neighbouring residents, accordingly directed demolition of 15 shops. On revision, the Sessions Judge affirmed the order as well as by the High Court. The question, therefore, is whether the facts of this case would warrant to invoke Section 133 of th