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1966 Supreme(Guj) 71

A.R.BAKSHI
VRAJLAL TARACHAND DOSHI – Appellant
Versus
STATE – Respondent


Advocates Appeared: D.D.Vyas, G.T.NANAVATI

A. R. BAKSHI, J.

( 1 ) THE applicant in this revision application is the Manager of a concern known as Junagadh Iron Industry. An application was made to the Sub-Divisional Magistrate Junagadh Division under sec. 133 of the Code of Criminal Procedure for closing the above factory of the applicant as the factory worked by the applicant was causing nuisance under sec. 133 of the Code of Criminal Procedure. The Sub-Divisional Magistrate Junagadh passed an order on 19th January 1966 that the applicant should stop the use of electrically operated hammers that were worked in the factory. Against this order the applicant preferred a revision application to the District Magistrate Junagadh who rejected the revision application on the ground that no revision application could be preferred under sec. 438a Criminal Procedure Code in respect of an order passed under sec. 133 of that Code. This order was passed by the District Magistrate on 8th March 1966. The applicant has preferred the present revision application against the aforesaid order of the District Magistrate. The applicant has also prayed for setting aside the order passed by the Sub-Divisional Magistrate.

( 2 ) MR. D. D. Vyas appear






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