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3. The petitioner further submits that the location of halwais/private caterers in the open area is a public nuisance and cognizable offence under various sections of Chapter 14 of the Indian Penal Code and Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.07.2021 17:24:35 This file is CRL.M.C.4111/2016 2 of 29 digitally signed by PS to HMJ ANU MALHOTRA.

9. That the said activities of halwais etc in the open area increase manifold in the marriage season which has already started. It is therefore pertinent that the above mentioned public nuisance which is a cognizable offence ought to be immediately stopped. It is pertinent to mention that u/s 149 CrPC the police may interpose for preventing the commission of cognizable offence of public nuisance. The Hon'ble Kerala High Court while referring to Section 149 CrPC, in WP(C) No, 12775 of 2006(S), upheld the order passed by ACP, Crime Detachment, Cochin City directing the Chairman of the lottery firm to stop collection of money in any way from depositors until further direction from the investigating officer in a case where the ACP reached the conclusion that money was being collected from the depositors in violation of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978, which was a cognizable offence. Similarly, the Hon'ble Bombay High Court while referring to Sec 149 CrPC, in 1997 (4) BomCR 271, issued directions to the State of Goa and other respondents to take all the steps to give full effect to the provisions contained in the Prevention of Cruelty to Animals Act,1968 and thereby to prevent cruelty to the animals thereby prohibiting bull fights & Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.07.2021 17:24:35 This file is CRL.M.C.4111/2016 8 of 29 digitally signed by PS to HMJ ANU MALHOTRA.