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How to file for execution of order?


09-Mar-2023 (In Criminal Law)
Sir/Madam, Here in my neighborhood a person having metal workshop in which he has a lathe machine, metal drilling machine, grinder, welding and some other metal work equipments. Whenever he do his work, it creates lot noise and lathe machine cause vibrations in wall. We filed case against him under crpc 133, in which SDM ordered after all investigation and from reports of pollution control board, that he should make arrangements to stop noise then only will be allowed to operate, haven't done anything and still operating, police also not responding on the order, we ask him to stop work so he's ready to fight...so isn't it possible to completly stop that workshop? Court asked to stop noise, but it's impossible that arrangements can be made for each machine and all machinery cause noise. What should we do next sir, coz I think they used money power in court
Answers (2)

Answer #1
663 votes
Dear Sir/Madam. From your comment I would like to state that a complaint u/s 133 cr.p.c must be a public complaint in the larger interest of public. As per your statement it seems that SDM passed the order that if nuisance from the workshop emitted due to the operation of machine is not stopped or brought down to prescribed level the workshop shall not be allowed to operation. From your statement I think necessary investigation have been made out by the SDM . On the presumption that the case is still pending before SDM and in that case move a fresh application before SDM about non compliance of his order with proof in the form of affidavits of other persons and yours and other evidence. Let the SDM be convinced that his order has not been complied with and then he will pass appropriate order and in case any final order is passed by SDM then the same shall be revisable by filing criminal revision before District Judge. Revision shall require to be proved that SDM did not pass appropriate order and the same may be substituted with a correct order or the case may be remanded to SDM with direction by the revisional court. Thanks
Answer #2
572 votes
Dear client you should approach Hon'ble High Court for non compliance of that order better if you contact us then I will elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court

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