JUDGMENT : Sanjay Kumar Gupta, J. Through the instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of order dated 21.04.2012 passed by the learned Additional District Judge, Rajouri, whereby the revision petition filed by the petitioner against the order dated 21.01.2012 passed by the Tehsildar, Executive Magistrate, Rajouri, has been dismissed. 2. The brief facts of the case are that on 22.12.2011 residents of ward No. 6, Rajouri, submitted an application along with public resolution signed by 25 residents before the Tehsildar, Executive Magistrate, Rajouri stating therein that the petitioner is running a Dairy Unit at ward No.6, which is causing nuisance/foul smell and it is injurious to health and physical comfort of the residents of the said locality. The learned Executive Magistrate without affording an opportunity of hearing to the petitioner passed a conditional order under Section 133 Cr.P.C., whereby the petitioner was directed to remove/desist from carrying any dairy unit and also directed the petitioner to appear before Court. Thereafter, the learned Executive Magistrate personally visited the spot on 19.01.2012 in presence of the parties and large number of residents of said Mohalla, were also present there. It is further contended that the learned Magistrate went inside and personally inspected the place and found seven cows out of which five were milk giving cows were kept inside. 3. Feeling aggrieved of the order passed by the learned Executive Magistrate, petitioner filed a revision petition before the learned Additional District Judge, Rajouri. The learned Additional District Judge, Rajouri dismissed the said revision petition filed by the petitioner on the ground that petitioner has not taken a contention that he was not given chance of adducing any evidence. Further, he has not filed an affidavit in support of the objections, neither any evidence led by him. While deciding the revision petition filed by the petitioner, the learned Additional District Judge did not appreciate the fact that the order passed by the learned Magistrate is in violation of the mandatory provisions prescribed by law. 4. Further, he has not filed an affidavit in support of the objections, neither any evidence led by him. While deciding the revision petition filed by the petitioner, the learned Additional District Judge did not appreciate the fact that the order passed by the learned Magistrate is in violation of the mandatory provisions prescribed by law. 4. It is a mandatory provision of law that before passing any order under Section 137 Cr.P.C., if such person appears and show cause against the order, it becomes obligatory upon the Magistrate to take evidence in the matter treating it as a summons case and on appreciation of the evidence produced by the parties before the Magistrate, if he is satisfied that the order is not reasonable and proper, he will stop the proceedings. In the present case, the Magistrate has not followed the mandatory provisions of law prescribed under the Code and passed the illegal and unreasonable order; that the learned Magistrate has also ignored the significant aspect that the petitioner has kept the cows for his personal use and not for the purpose of dairy unit. Moreover, keeping cows in the locality does not come under the definition of Public nuisance. In the same locality, number of residents have kept the cows at their homes and the learned Magistrate has not taken into consideration this aspect and passed the biased order. 5. I have considered the contentions of counsel for petitioner, who has reiterated all grounds taken in memo of petition. 6. The order of the Tehsildar Executive Magistrate 1st Class, Rajouri is reproduced as under:- "On 22.12.2011, the residents of Ward No. 6 Rajouri through Ghulam Qadir S/o Sh. Mehtab Din of Ward No. 6 submitted before undersigned an application along with a public resolution signed by 25 residents stating therein that one Abdul Majid S/o Jalal Din of Ward No. 6 is running a dairy farm unit which is causing nuisance/foul smell and is injurious to health and physical comfort of the residents. After perusal of this resolution and listening the residents, a conditional order under Section 133 Cr.P.C. was issued vide this office No. OQ/1068-72 dated 22.12.2011 requiring non applicant (Abdul Majid owner of dairy farm unit) to remove desist from carrying on said dairy unit and also to appear in this court on 27.12.2011 to show cause against the conditional order. After perusal of this resolution and listening the residents, a conditional order under Section 133 Cr.P.C. was issued vide this office No. OQ/1068-72 dated 22.12.2011 requiring non applicant (Abdul Majid owner of dairy farm unit) to remove desist from carrying on said dairy unit and also to appear in this court on 27.12.2011 to show cause against the conditional order. Accordingly, Abdul Majid appeared in this Court on 27.12.2011 and submitted his written objections against the conditional order stating therein that he is not running any dairy unit and has kept cows for his personal use only. The SHO, Police Station, Rajouri vide his letter No. 2761/5-1PSR dated 31.12.2011 has intimated that cow dung/urine of unit is causing foul smell in the mohalla and is a trouble for residents and school going children. Again Regional Director State Pollution Control Board vide letter No. SPCB/RQ-J/11/Compt/5487-88 dated 22.12.2011 has also requested Director Local Bodies, Jammu and Executive Officer Municipal Committee, Rajouri to direct the owner of said dairy farm to shift the unit to an isolated area away from residential area. The undersigned visited personally on 19.01.2012 on the spot in presence of both the parties and large number of residents of Mohalla were also present there. After visiting the site and going inside the unit, the undersigned was fully satisfied that a dairy unit is being exclusively established by said Abdul Majid consisting of seven cattle including five milk giving cows. Inside the unit, the owner of unit has kept drinking water space and grass eating space facilities for the cattle. Not only this, he has also stored at the top of the dairy unit paddy gross (Parali) in bulk for cattle. The undersigned also listened to both the parties on the spot as well as residents of the Mohalla who were also present in large no. The undersigned is not satisfied with submissions of said Abdul Majid owner of dairy farm unit. A dairy farm unit is being run in residential area having small streets by Sh. Abdul Majid which is causing foul smell and is injurious to health and physical comfort of the community. The said dairy unit have also created unhygienic conditions in the area making grounds for breeding of mosquitoes and difficulty for residents to cross the street of dairy unit as the area lacks proper drainage system. Abdul Majid which is causing foul smell and is injurious to health and physical comfort of the community. The said dairy unit have also created unhygienic conditions in the area making grounds for breeding of mosquitoes and difficulty for residents to cross the street of dairy unit as the area lacks proper drainage system. The said dairy unit is thus required to be shifted to some isolated area away from residential area as the same is causing nuisance in the area. The conditional order for removal of nuisance issued from this office vide No. OQ/1068-72 dated 22.12.2011 is made absolute under Section 137 CR.P.C. requiring Abdul Majid S/o Sh. Jalal Din of Ward No. 6 to remove and shift the dairy farm unit to some isolated area away from residential area. Sd/- Tehsildar Executive Magistrate 1st Class, Rajouri." 7. From bare perusal of the order impugned, it is evident that before making the conditional order absolute, on 22.12.2011 Tehsildar issued show cause notice requiring petitioner (Abdul Majid owner of dairy farm unit) to remove/desist from carrying on said dairy unit and also to appear before him on 27.12.2011; petitioner appeared in the office of Tehsildar on 27.12.2011 and submitted his written objections against the conditional order stating therein that he is not running any dairy unit and has kept cows for his personal use only. Even SHO, Police Station, Rajouri vide his letter No. 2761/5-1 PSR dated 31.12.2011 has intimated that cow dung/urine of unit is causing foul smell in the mohalla and Regional Director, State Pollution Control Board vide letter No. SPCB/RQ-J/11/Compt/5487-88 dated 22.12.2011 has also requested Director Local Bodies, Jammu and Executive Officer Municipal Committee, Rajouri to direct the petitioner/owner of said dairy farm to shift the unit to an isolated area away from residential area. 8. Thereafter, Tehsildar visited personally on 19.01.2012 on the spot in presence of petitioner and large number of residents of said Mohalla were also present there; Tehsildar after visiting the site and going inside the unit was fully satisfied that the dairy unit has been established by petitioner consisting of seven cattle including five milk giving cows. Tehsildar, thus, came to conclusion that dairy farm unit is being run in residential area having small streets. So he made absolute conditional order of removal of nuisance issued from this office vide No. OQ/1068- 72 dated 22.12.2011 requiring Abdul Majid S/o Sh. Tehsildar, thus, came to conclusion that dairy farm unit is being run in residential area having small streets. So he made absolute conditional order of removal of nuisance issued from this office vide No. OQ/1068- 72 dated 22.12.2011 requiring Abdul Majid S/o Sh. Jalal Din of Ward No. 6, thereby asking the petitioner to shift the dairy farm unit to some isolated area away from residential area. 9. The object of Section 133 is to prevent public nuisance that if the magistrate fails to take immediate recourse to Section 133, irreparable damage would be done to the public. Under Section 133 of the Code, the Magistrate can act on information received from any source either through a police report or other report. Before passing a conditional order under Section 133, a Magistrate is not bound to take evidence, because the proceedings are entirely ex parte. But the Magistrate should record the evidence under this Section before making the order absolute. He must also accord an opportunity to the persons concerned, who are likely to be aggrieved. The proceedings under Section 133 are more or less summary and it cannot be kept pending for a long time. 10. Plea of petitioner that he was not heard, is devoid of merit as order impugned clearly shows that show cause notice was issued prior to passing of order impugned, wherein petitioner has stated that he has not opened diary; a detail inquiry was conducted by Tehsildar; moreover, the petitioner has stated that he was not keeping cows in his house. This statement is patently false in view of the inspection conducted by Tehsildar and reports of SHO and that of Regional Director, State Pollution Control Board, the details of which have been given in impugned order. 11. In my considered opinion, the learned Tehsildar after conducting a detailed inquiry has objectively held that the act of the petitioner amounted to public nuisance, which was injurious to health and physical comfort of the community and has not committed any illegality in passing the impugned order. Hence, for the reasons mentioned above, in my considered view, it is not at all a fit case, wherein this Court should invoke its inherent powers because the impugned orders passed by the Courts below neither tantamount to abuse of process of the Court nor are illegal or without jurisdiction. Hence, for the reasons mentioned above, in my considered view, it is not at all a fit case, wherein this Court should invoke its inherent powers because the impugned orders passed by the Courts below neither tantamount to abuse of process of the Court nor are illegal or without jurisdiction. Consequently, this petition under Section 561-A Cr.P.C., is devoid of any force and substance. The same is hereby dismissed.