Oshion 01 January 2020

Sdm holding order u/s 133 crpc since many months

A police case was filed against a person for causing nuisance in the neighbourhood u/s 133 CrPC in SDM court.

SDM court issued preliminary order show causing the accused. Accused did not deny the charges, instead raised question of public vs private nuisance. Statements of Investigating officer and complainant were recorded by SDM. Now a new SDM has arrived and he is not making the order absolute and keeping it pending since months while people are suffering. He was requested to give temporary relief u/s 142 but he did nothing. Keeps saying, will do it soon. An application was made to Collector but he simply fwded it to SDM only.

Please advice what to do? Thanks in advance.

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3 Replies

Arti Mudgi 02 January 2020

which type of nuisance lie pollution related or disease related...if pollution related thn also go to green tribunal court

Oshion 03 January 2020

yes, noise pollution and waste. In fact, pollution control board has also written a letter to municipal corporation but no action is taken.

Thanks for the response.

Oshion 12 January 2020

This was supposed to be a summary trial? Accused has not appeared even once and no hajri mafi submitted. Complaint contained offences of mischief, trespass and violation of order of public servant but police already diluted the case.

All process is complete and only order remains to be made absolute. Somehow SDM appears to be trying to scuttle the case against the accused, who is an influential person.