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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Bhikhabhai Mohanbhai Mori – Appellant
Versus
Irfanbhai Mohammedbhai Meman – Respondent
ORDER :
J.C. DOSHI, J.
1. By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed following reliefs :-
“(a) To admit and allow this petition.
(b) To call records and proceedings of the Criminal Revision Application No.88 of 2017 from the Court of learned 9 Additional Sessions Judge, Bhavnagar,
(c) To quash and set aside the order dated 29-8-2018 passed by the learned 9th Additional Sessions Judge, Bhavnagar Criminal Revision Application No.88 of 2017, and confirm the order dated 28-7-2017 passed by the learned Sub-Divisional Magistrate, Palitana in Cr.P.C. 133 case Reg. No. 01/2017;
(d) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay the execution, operation and implementation of the impugned order dated 29-8-2018 passed by the learned Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.88 of 2017; and direct the respondent nos. 1 and 2 to remove the garage and workshop:
(e) Pass any such other and/or further orders that may be thought just and proper. in the facts and circumstances of the present case.”
2. Facts of the case are as under :-
2.1. The petitioner and few others o
The supervisory jurisdiction of the High Court under Article 227 does not allow it to act as an appellate court; it corrects errors only when a grave injustice occurs due to procedural violations.
Public nuisance requires substantial proof of injury to the community; judicial discretion in abating nuisance is contingent upon credible evidence.
The court emphasized that a conditional order under Section 133 of Cr.P.C. is mandatory for initiating proceedings, and failure to comply renders subsequent actions invalid.
Section 133 CrPC inapplicable to create passage on government playground absent proof of public way and hearing to owner; violates natural justice; civil suit appropriate remedy for passage rights.
Revisional Courts must avoid altering possession status at interim stages in property disputes, prioritizing public peace and the original proceedings' scope.
The High Court can exercise inherent powers under Section 482 of the Criminal Procedure Code to rectify jurisdictional errors, even when a second revision is barred under Section 397(3).
Constructing a wall on public land constitutes nuisance; summary proceedings under Section 133 Cr.P.C. require no formal notice for local investigations.
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
Point of Law : High Court in exercise of certiorari or supervisory jurisdiction will not covert itself into a Court of Appeal and indulge in re-appreciation or evaluation of evidence or correct error....
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