TINLIANTHANG VAIPHEI
Gopal Saha – Appellant
Versus
Uttam Saha – Respondent
Tinlianthang Vaiphei, J.
1. This criminal petition is directed against the judgment and order dated 28-11-2011 passed by the learned Additional Sessions Judge (FTC), Barpeta in Criminal Revision No. 13/2010 upholding the order dated 30-6-2010 passed by the learned Sub-Divisional Magistrate/Barpeta in Case No. 27/06 U/s. 133 of the Code of Criminal Procedure ("the Code" for short) directing the petitioner not to operate his oil mill from 7 AM to 7 PM. The facts giving rise to this petition may be noticed at the outset. The petitioner is operating a mustard oil mill near the house of the respondent No. 1. According to the respondent No. 1, this oil mill is located in a residential area and started its operation from 10 AM till late night causing inconvenience to him and other inhabitants of the area. This prompted the respondent No. 1 to file a petition before the Executive Magistrate, who, on 25-11-2005, forwarded it to the Officer-in-Charge, Sarbhog Police Station for conducting an inquiry and report, but no action was taken by the police. The respondent No. 1, therefore, informed the Additional Deputy Superintendent of Supplies to take action in this regard since the matter
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