there is public nuisance. The public
power of the Magistrate under the Code is a public
duty to the members of the public ... Nuisances are of two
kinds, i.e. (i) Public; and (ii) Private. 'Public
nuisance' or 'common nuisance' as defined in
Section
Section 133 Cr.P.C. comes under the chapter "public nuisance".
15. Section 133 of the Code of Criminal Procedure, lays down ... thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be
removed from any public place or from any way, river or
channel which
then
obviously prosecution under Section 379 of the
Indian Penal Code or for that matter under Section
447 of the Indian Penal Code is total ... public
nuisance and it is not understood how there could
be an offence of the public nuisance punishable
under Section 290 of the Indian Penal
that the roads are being used by
the local people and general public at large, had taken charge of those
roads. Subsequently with the merger ... said openings raising
cemented wall and thereby committed public nuisance within the
meaning of Section 268 and 283 of the I.P.C. The accused
made out in respect of public nuisance or
annoyance calling upon intervention of the jurisdiction under
Section 144(2) of the Code of Criminal Procedure ... under Section
144(2) of the Code of Criminal Procedure to the effect that
there was apprehension of breach of peace and tranquility.
Section
breeding ground for
mosquitoes and creating public nuisance.
The petitioner relies upon a notice issued under
Sections 247 and 253 of the West Bengal Municipal
petitioner submits as follows. The private
respondents have blocked a public pathway and are
preventing others from using the same. This had
been brought ... blocking any public road and
causing nuisance, he shall be at liberty to file an
2
appropriate application under Section 133 of the Code
parents.
Thereafter it has been alleged that the petitioners
started creating nuisance and annoyance towards
the opposite party no. 2 and her parents in various ... public tranquility and unless the
petitioners are restrained and prayed before the
Learned Court of the Executive Magistrate for
drawing up a proceeding under Section
that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an
order under section 340 , shall be final ... Section 144 of Cr.P.C. states as follows:
"144. Power to issue order in urgent cases of nuisance of
apprehended danger
dealt
with Section 7 of the Easement Act and learned First Appellate Court,
decided the issues in the light of actionable nuisance, in absence ... part of Municipality cannot be lost sight of. Illegal construct is a public
wrong. Therefore, issue of illegal construction is required to be
adjudicated
