ORDER

Dated this the 20^th day of June, 2025 The challenge in this Crl.M.C. is against Annexure A4 order passed by the Sub Divisional Magistrate, Ernakulam on a complaint filed by respondents 1 to 3 and 49 other local residents of Ward No. 15 and 16 in Kadungalloor Panchayat. By the impugned order, the Sub Divisional Magistrate directed the petitioners to stop the illegal actions pointed out in the complaint forthwith.

2. Learned Counsel for the petitioners contended that Section 152 of the BNSS makes it mandatory for the Sub Divisional Magistrate to either call for a report from the police or take evidence before passing a conditional order. Moreover, the order require the petitioner to close down his godown immediately, which is contrary to the scheme of the provisions dealing with public nuisances contained in Chapter XI of the BNSS . To buttress the argument reference is made to Sections 154 and 157 of the BNSS . It is hence contended that, any proceedings for abetting public nuisance can only be in accordance with the aforementioned provisions