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Judgment
L.P.N. Shahdeo, J.—Heard both sides.
The petitioner has challenged the initiation of" proceeding u/s 133 of the Cr. P.C. On the ground that there does not exist any public nuisance.
The admitted fact in this case is that the petitioner was constructing a septic tank on his own private land. There is a private well within the compound of the opposite party No. 2 at a distance of about raven feet from the land of the petitioner where the septic tank was being constructed The opposite party No. 2 filed a case alleging that the construction of the septic tank will pollute the water of that well.
The admitted case of both the parties is that there is no question of any public nuisance existing in the dispute between them. In this view of the matter Section 133 or 137 of the Cr. P.C. are not attracted in this case and therefore, the initiation of the proceeding u/s 133 of the Cr PC being without any semblance of public nuisance, is without jurisdiction and improper.
For the reasons aforesaid, this application is allowed and the impugned order initiating the proceeding u/s 133 of the Cr. P.C. is hereby quashed.