JUDGMENT 1. - By way of instant petition under Section 482 Cr.P.C., petitioner has challenged the order dated 5.4.2004 passed by the learned Additional Sessions Judge, Raisinghnagar refusing to interfere with the order dated 30.10.2003 passed by the S.D.M., Raisinghnagar in proceeding under Section 133 Cr.P.C. 2. Circumventing the provisions of Section 397(3) Cr.P.C. which prohibits further revision at the instance of the same party, petitioner has filed this petition under Section 482 Cr.P.C. 3. Briefly stated the facts of the case are that the second respondent Diwan Chand filed a complaint before the S.D.M., Raisinghnagar against the petitioner herein under Section 133 of the Code of Criminal Procedure stating inter alia that in Sri Vijaynagar town, he carries-on the business of Garments in Shop No.7/1. On 24.7.78, petitioner herein Laxmi Chand and Shyam Sunder with a view to install a flour mill in Shop No.6/1 took permission from the Municipal Board for installation of Engine of 15 H.P.Later-on, partition took place between the two brothers viz; Laxmi Chand (petitioner) and Shyam Sunder. The Shop No.6/1, wherein a flour mill is installed, fell into the share of petitioner Laxmi Chand. It is alleged that the petitioner herein without taking permission from the Municipal Board, in addition to the flour mill has installed a Grinder Machine for grinding spices and also the Expeller for extracting oil. Because of the vibration of the Expeller and the Grinder, damage has been caused to his shop. The powder of spices has been causing injuries to the eyes. The complaint was sent to the police for investigation. The police filed a complaint in the Court of learned SDM, Raisinghnagar. After perusing the report, the SDM issued a conditional order on 26.3.2002 and summoned the petitioner herein. A reply was filed denying the allegations. Learned SDM recorded the statements of number of witnesses of the locality. They have supported the case of nuisance put forward by the second respondent. On considering the entire material, the learned Magistrate held that the installation of the Grinder for grinding spices and the Expeller for extracting oil is interfering with the public comfort to a larger extent. In view of the said finding, the impugned order has been confirmed by the Revisional Court. 4. Having heard learned counsel for the parties, I am of the view that the petition deserves to be dismissed. 5. In view of the said finding, the impugned order has been confirmed by the Revisional Court. 4. Having heard learned counsel for the parties, I am of the view that the petition deserves to be dismissed. 5. Section 133 CrPC authorizes action by the magistrate if a trade in question is injurious to physical comfort of the community. The magistrate is required to satisfy that the interference with the public comfort is considerable and that the public is affected injuriously. The scope of Section 133 CrPC is that the public health cannot be allowed to suffer on account of personal business of any individual. This Court in Smt.Ajit Mehta v. State of Rajasthan, 1989(1)RLW 598, dealing with a complaint of stocking of fodder on a plot in a residential colony, held that it caused pollution of atmosphere and the magistrate can direct removal of such nuisance and the persons who are doing, may be directed not to do any business of fodder on that plot. concurrent finding of fact recorded by both the courts warrants no interference by this Court in exercise of powers under Section 482 Cr.P.C. 6. The Miscellaneous Petition stands dismissed. The record of the case be returned forth with.Petition dismissed. *******