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2021 Supreme(HP) 621

AJAY MOHAN GOEL
RENU CHAUHAN, W/O SH. PREM CHAUHAN – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. AJAY KUMAR SHARMA, ADVOCATE
For the Respondent:MR. MR. ADARSH SHARMA, MR. SUMESH RAJ AND MR. SANJEEV SOOD, MR. AJAY KASHYAP, ADVOCATE

ORDER :

This Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against order, dated 02.07.2019, passed by the Sub-Divisional Magistrate, Theog, District Shimla, in Case No. 80-IV/2018, titled as Renu Chauhan vs. Hardyal Singh, vide which, a complaint filed under Section 133 of the Code of Criminal Procedure by the present petitioner stands dismissed.

2. Brief facts necessary for the adjudication of this petition are as under:-

    Petitioner filed a complaint under Section 133 of the Code of Criminal Procedure against the respondent, inter alia, on the ground that the respondent was a tenant of the petitioner and was carrying out welding work in the premises so let out to him and she as a landlady had received complaints from other tenants regarding obnoxious, injurious, annoying and toxic welding fuels being generated by the accused from welding in his shop. As per the complainant, the conduct of the trade/occupation of the respondent was injurious to the health and comfort of the persons residing in the building as well as

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