Nuisances are of two kinds i.e. (i) public;
and (ii) private. "Public nuisance" or "common nuisance" as
defined in Section ... there is public
nuisance. The public power of the Magistrate under the Code is a
public duty to the members of the public
private
caterers in the open area is a public nuisance and cognizable offence
under various sections of Chapter 14 of the Indian Penal Code ... Section 200 of the Code of Criminal Procedure read with Section
156(3) of the Code of Criminal Procedure in relation to the public
nuisance
passed under Section 143 of Cr.PC.
7. Section 291 of IPC is as follows :
“Whoever repeats or continues a public
nuisance, having been enjoined ... public servant who has
lawful authority to issue such injunction not to repeat or
continue such nuisance”. The statutory scheme contemplates
commission of public nuisance
passed under Section 143 of Cr.PC.
7. Section 291 of IPC is as follows :
“Whoever repeats or continues a public
nuisance, having been enjoined ... public servant who has
lawful authority to issue such injunction not to repeat or
continue such nuisance”. The statutory scheme contemplates
commission of public nuisance
Section 12 or Sub-Section (2) of
Section 23 of the said act.
9
20. In my considered view, Sub-Section (2) of Section ... maintenance of public order and tranquillity,
having three distinct parts namely (A) Unlawful Assembly, (B) Public
Nuisance, (C) Urgent Cases of Nuisance and Apprehended Dangers
under Section 133 of Cr.P.C. As envisaged under
Section 133 of Cr.P.C., the alleged nuisance is not a public
nuisance. Learned ... there is public
nuisance. The public power of the Magistrate under the Code is a
public duty to the members of the public
that there must
be a public nuisance. What it speaks is a person is guilty of a public
nuisance provided he does ... omission causing
injuries, danger or annoyance. ‘Public nuisance’ or ‘common nuisance’
as defined in Section 268 IPC is an offence against the public either
causing Nuisance to General
Public as well as the petitioner from using the road. So, this is Public
nuisance under Section ... under Sections 342 & 502 of IPC. In this background this
petition has been filed.
5. The learned Public Prosecutor would submit that
Section 91 of CPC. Public nuisances and other wrongful
acts affecting the public: (1) In the case of public nuisance or other
wrongful act affecting ... borrowed from Section 268 of the Indian Penal Code, 1860.
According to Section 268 of IPC a person is guilty of public nuisance
who does
Whereas, Section 290 prescribes the punishment for offence of public nuisance. Public
nuisance is however defined u/s 268 IPC. It connotes ... public right.
12. Ld. APP for the State has submitted that the prosecution has established the offences of
public nuisance and obstruction in a public
