' SHAH JEHAN KHAN AKHUNDZADA, J.---Through this petition under section 561-A, Cr.P.C. Dawood Khan petitioner seeks quashment/setting aside the judgrnent/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 Cdurts 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.