V.K Singhal, J.:— This petition has been filed under Sec. 482 Cr. P.C against the order of the Munsif and Judicial Magistrate, Tijara by which cognizance was taken against the petitioners for offences under Sec. 268 and 290 IPC.
2. Arguments of the learned counsel for the parties have been heard. Section 268 IPC refers public nuisance and under the said section a person is guilty of a public nuisance who does any act or is guilty of illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. Section 290 IPC refers to punishment for public nuisance in cases not otherwise provided for and it provides that whoever commits a public nuisance in any case not otherwise punishable by the Indian Penal Code, shall be punished with fine which may extend to Rs. 200/-. In the present case the accused persons have installed a dish-antina. It is submitted that on the basis of dish-antina the residents of the locality cannot see the national programme as dish-antina is creating disturbances. Learned Public Prosecutior has submitted that the installation of dish-antina causes public nuisance as defined in Sec. 268 IPC.
2. I have considered over the matter. The dish-antina which is installed is only for receiving the waives which are transmitted and it is not emitting any wa-ves. The object of dish-antina is that frequency wa-ves are cought and transmitted through television sets. By no stretch of imagination it can be said that it causes hindrance or disturbances. No thing has been brought on record by which it could be said that dish-antina causes a public nuisance. The charges framed against the petitioners are not in accordance with law.
3. Mr. Awasthi has submitted that the petitioners are using dish-antina in such a manner that the wires go infront of the houses of other persons. Learned counsel for the petitioners underkakes that dish-antina shall be used for their own purposes and. this facility shall not be given to their friends or relatives etc. and no commercial benefit shall be derived therefrom.
4. Consequently, the criminal misc. petition is allowed and the order dated June 10, 1994 is quashed. The seized dish-antina may be returned to the petitioner.
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