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Mohendra NaraIn Roy Chowdhury and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in62Ind.Cas.822
AppellantMohendra NaraIn Roy Chowdhury and ors.
RespondentEmperor
Cases ReferredEmperor v. Mohendra Narain Roy Chowdhuri
Excerpt:
criminal procedure code (act v of 1898), section 133(1) - cattle market--obstruction and inconvenience--danger to human life--order suppressing market, validity of. - .....shown, while evidence was adduced in support of the conditional order. it is not disputed that the cattle mart in question is held on a narrow strip of land in the midst of a congested or densely populated part of the town of barisal. the evidence then shows that this cattle mart can be approached from the two main roads named daccapatti and fariapatti themselves narrow, only by means of some four narrow lanes 2 1/2 to 4 cubits in width and that the driving of cattle to and from the mart through these narrow lanes is a source of obstruction, inconvenience, and danger to those living in the vicinity and to passers-by. the inconvenience. obstruction and danger thus caused must be attributed to the holding of the cattle mart on this particular site, and after careful consideration, we are,.....
Judgment:

1. This Rule arises out of proceedings taken under Section 133 of the Code of Criminal Procedure.

2. The conditional order made under that section is in these terms: Emperor v. Mohendra Narain Roy Chowdhuri : Dakhina Ranjan Roy Choudhuri Ramesh Chandra Roy Chouduri. Whereas it appears to me from the petition filed by the public of Barisal Town that the sale of cattle in a cattle market, owned by the above named persons and situated on the east of the Chak Bazar in a congested part of the Barisal Town where cattle is taken through narrow and congested lanes, causes obstruction and inconvenience to the public and is a source of danger to human life, and whereas it appears to me that such a nuisance should be removed, I hereby direct that the said persons do remove the nuisance by closing the said cattle market within a week or to show cause on 17th September 1920 why the said nuisance should not be removed.'

3. Cause was shown against this order. But no evidence was led in support of the cause shown, while evidence was adduced in support of the conditional order. It is not disputed that the cattle mart in question is held on a narrow strip of land in the midst of a congested or densely populated part of the town of Barisal. The evidence then shows that this cattle mart can be approached from the two main roads named Daccapatti and Fariapatti themselves narrow, only by means of some four narrow lanes 2 1/2 to 4 cubits in width and that the driving of cattle to and from the mart through these narrow lanes is a source of obstruction, inconvenience, and danger to those living in the vicinity and to passers-by. The inconvenience. obstruction and danger thus caused must be attributed to the holding of the cattle mart on this particular site, and after careful consideration, we are, therefore, of opinion that the final order suppressing this mart is within the scope of that clause of Section 133(1), which deals with the suppression or removal of trades or occupations by reason of their being injurious to the health or physical comfort of the community, and is justified by the fasts found.

4. We, therefore, discharge this Rule.


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