2013 PLP 1776 (MLD)
DAWOOD KHAN — Petitioner Versus ASLAM and another — Respondents
| Citation | 2013 PLP 1776 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | DAWOOD KHAN — Petitioner Versus ASLAM and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 1776 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 1776 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 1776 (MLD) (DAWOOD KHAN — Petitioner Versus ASLAM and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akbar Khan for Petitioner.
- Noor Khan and Muhammad Tariq Khan for Respondents.
Headnotes / Summary
Ss.133 & 561-A
Mill running adjacent to a house allegedly causing noise nuisance
Petitioner filed a complaint to the concerned Chief Justice of the High Court to the effect that a steel boxes manufacturing mill was running adjacent to his house, which was causing noise nuisance and had made his life miserable, and that said business was running illegally and without obtaining a "No Objection Certificate"
Complaint was forwarded to Judicial Magistrate., who after recording statement of complainant and perusing the record and police report dismissed the complaint
Revision filed by complainant against order of Judicial Magistrate was also dismissed by the Revisional Court
Record showed that building where business in question was being run was owned by brother of the complainant
Civil litigation was pending between complainant and his said brother
Approved map/site plan for the construction of the building in question had been obtained after fulfilling all the legal formalities
Report of concerned Town Officer (Regulation) showed that building in question fell in a commercial area
Inquiry report of police revealed that building was fully covered and there was no apprehension of nuisance to public and locality, and that complaint was baseless
Except the complainant no one from public at large had come forward to depose that business in question was injurious to their health and was causing nuisance
Both courts below had rightly dismissed the complaint in such circumstances
Quashment petition was dismissed accordingly.
Judgment & Decree
SHAH JEHAN KHAN AKHUNDZADA, J.
Through this petition under section 561-A, Cr.P.C. Dawood Khan petitioner seeks quashment/setting aside the judgment/order dated 20/06/2012 passed by the learned Additional Sessions Judge-I, Peshawar whereby his revision petition was dismissed and the order dated 10-3-2012 passed by the learned Judicial Magistrate, Peshawar was maintained.
2. Brief facts of the case are that Daud Khan Orakzai petitioner had submitted an application to the Hon'ble Chief Justice of Peshawar High Court, Peshawar to the effect that one Haider Ali an Afghan Refugee and Aslam Khan from Punjab have opened steel box manufacturing mills adjacent to his house and due to noise of the Mill his life has become miserable. It was further alleged in the complaint that the respondents are running the said business illegally and without obtaining No Objection Certificate. The said application/complaint was forwarded by the Director Human Rights Cell, Peshawar High Court, Peshawar to the learned Sessions Judge, Peshawar vide letter dated 7-1-2012 who on its turn forwarded the same to the Judicial Magistrate, Peshawar vide letter dated (sic)81-1-2012. The learned Judicial Magistrate Peshawar after recording the statement of the petitioner sent the matter to the SHO. concerned to conduct inquiry and submit his report. The local police submitted report and after hearing the learned counsel for the parties, the learned Judicial Magistrate-V, Peshawar vide his judgment/order dated 10-3-2012 dismissed the complaint of the petitioner. Feeling dis-satisfied from the above order, the petitioner filed criminal revision before the learned Additional Sessions Judge-I, Peshawar which also met the same fate vide judgment/order dated 20-6-2012.
3. I have heard the learned counsel for the parties and have also gone through the record of the case with their valuable assistance.
4. Perusal of the record shows that the building where the respondents are running business of manufacturing of steel boxes etc is owned by Masood Khan Orakzai brother of the present petitioner and the said Masood Khan Orakzai got approved a map/site plan for construction of the said building after fulfilling all the legal formalities and as per report of Town Officer Regulation (TMA) Town-I, Peshawar dated 16-6-2011 the said building falls in commercial area and the same is not residential one vide report of TMA dated 18-3-2009. The inquiry report submitted by the S.H.O. dated 20-2-2012 also reveals that the building is fully covered and there is no apprehension of nuisance to the public and locality and he recommended the application for dismissal being baseless one. It is also on record that there are civil litigations between the two brothers and except the petitioner no one from the public at large has come forward to depose that the business carried on by the respondents is injurious to the health and causing nuisance. Thus both the Courts below have rightly passed the judgments/orders dismissing the complainant of the petitioner which are in accordance with law and facts and call no interference by this Court in exercise of its jurisdiction under section 561-A, Cr.P.C.
5. Resultantly, this quashment petition being devoid of any merit is hereby dismissed. MWA/336/P Petition dismissed.