In his petition, Dias said the district Magistrate is empowered to pass an injunction pending inquiry under section 142 of the Code of Criminal Procedure, saying that the Magistrate has not taken the ongoing inquiry to its logical conclusion.
Dias had moved the district magistrate under Section 133 of the CrPC seeking intervention of the Magistrate to put a stop to the nuisance and health hazard posed by the stinking environment at the wholesale fish market. He submitted before the Magistrate that the matter pertains to public safety and public nuisance and posing imminent danger to the lives of people staying in the vicinity.
