1. ' This application, under section 561-A, Cr.P.C., has been filed for quashing the orders dated 10-5- 1992, 13-5-1992 and 18-5-1992, passed by learned S.D.M. Bin Qasim, Karachi, in Criminal Case No,116 of 1992, under section 133, Cr.P.C. The facts relevant for. Decision of this application are as follows:-- ' Complainant Punnoo had filed direct complaint under aforesaid section before S.D.M. Bin Qasim, Karachi East, stating therein that he is a resident of Pirano Goth Deh Ghangiaro, Tapo Landhi, Karachi East, and there are about 100 houses, having population of more than 5,000 persons. It is alleged that applicant Moinuddin (repsondent in Criminal Case No,116/92) is a contractor and was storing Waste Blood of the slaughtered animals at a distance of 500 yards from the village of the complainant. It is the case of the complainant that ill smell of the decomposed blood stored by the applicant has made the life of complainant and of others of said area absolutely miserable.
2. Besides, it is also public nuisance and injurious to the health of the persons residing in that locality.
3. Learned S.D.M. Bin Qasim, Karachi, as appears from the impugned order dated 10-5-1992, as a matter of abundant caution issued a show-cause notice to the applicant, but nobody appeared on his behalf before him. In this connection, learned Magistrate had also received a report dated 3- 5-1992 from Mukhtiarkar, Karachi East and he has quoted certain passages from said report in the impugned order and one of them is as follows:- "It may be submitted that the above blood drying factory is a public nuisance and if it is continued, there is likelihood of spread of epidemic disease among the residents of the area. There is an unrest among the residents of the locality and all who go there at site demand immediate removal of this nuisance."
4. ' Thereafter, learned Magistrate reached the conclusion that the applicants trade of keeping or processing the animal blood for its eventual use in Poultry feed near village of complainant is injurious to health of the persons residing in that locality. Accordingly, he passed the conditional order, directing the applicant to stop his trade of blood drying in that area and remove all implements from there within three days from service of said order. The order also mentioned that applicant could apply before said Court, under section 135, Cr.P.C., for setting aside the order or getting it modified. Necessary direction was given that a copy of said order be served upon the applicant, under section 134, Cr.P.C. Keeping in view the urgency of the matter, he also directed that immediate steps be taken for removing said nuisance. After above order, on 13-5-1992, learned Magistrate passed another order, under section 142, Cr.P.C., directing the applicant to get the nuisance removed with all necessary precautions within a shortest possible time. On 18-5-1992, he passed another order, under section 143, Cr.P.C., whereby, he issued a warning to applicant not to repeat or continue to store and process the blood in said area. Above three orders have been challenged in this application with a prayer to quash them.
5. ' It is contended on behalf of the applicant that learned Magistrate has passed the impugned orders in violation of the provisions of sections 133, 134, 135, 136, 137, 138, 139, 139-A, 140, 141, 142 and 143, Cr.P.C. Learned counsel submitted that order dated 10-5-1992, is against equity and natural justice. Also, it has been argued that the applicant is doing his business for the last 30 years and the contract was awarded to him by the Director, Health Metropolitan Corporation, Karachi and it could not be assumed that said Director would have given a contract, which could have adverse effects on the sanitary conditions of the area concerned.
6. Above contentions have no force. It is evident from the impugned order dated 10-5-1992 that the step was taken by learned Magistrate after he was fully satisfied about the existence of public nuisance in the area mentioned above. There is nothing on record to suggest that action so taken by him, pursuant to the informations laid before him, was improper or against any provision of law.
7. Prima facie, the order, dated 10-5-1992 is not in violation of any provision of law. This order also shows that its copy was sent to the applicant under section 134, Cr.P.C. Learned counsel for the applicant argued that the copy of said order was not served upon the applicant. The fact, however, is that so is mentioned in the impugned order and the initial presumption would be, unless rebutted by convincing evidence, that the copy was sent, as is mentioned in the order. During the course of arguments learned counsel for the applicant submitted that the order of learned Magistrate was executed on 16-5-1992. He conceded that, even after 16-5-1992, the applicant did not approach the learned Magistrate for passing further order in accordance with the sections 135 and 137, Cr.P.C. It appears that the applicant has filed this application before exhausting other legal remedies available to him. Inherent power, under section 561-A, Cr.P.C. Cannot be invoked in respect of the matters, which are directly covered by the specific provisions, of Cr.P.C. And nor this Court at an interlocutory stage of proceeding, unless exceptional circumstances are shown, would interfere. Orders dated 13-5-1992 and 18-5-1992 also appear to be in accordance with law. These orders have been passed in compliance of order dated 10-5-1992, which as stated earlier is not in violation of any provisions of law. It is noted that earlier the applicant, on these facts, had filed the Constitution Petition No,D-1189 of 1992 and it was dismissed in limine by this Court, as per order, dated 19-7-1992. Also he has filed, on these facts, the Suit No,492 of 1992 before this Court for declaration and permanent injunction and in that suit the application for temporary injunction was rejected by a learned Single Judge of this Court, as per order dated 1-9-1992.
8. On 22-11-1992, this application was dismissed in limine and these are reasons for the same.