with maintenance of
public order and tranquility. Part-B of Chapter X of the Criminal Procedure
Code deals with public nuisance. Section ... from the public land
which leads to public inconvenience or public nuisance.
9. On the question what constitutes #public nuisance# under Section
Penal Code, as a public
nuisance. Under Section 268 of this Code, it is
mentioned that:
“268. A person is guilty of a public nuisance ... Penal Code deal
with the punishment for public nuisance.
Criminal Procedure Code , 1973
98. Under Section 133 of the Code of Criminal
Procedure
with maintenance of
public order and tranquility. Part-B of Chapter X of the Criminal Procedure
Code deals with public nuisance. Section ... from the public land
which leads to public inconvenience or public nuisance.
9. On the question what constitutes #public nuisance# under Section
mass petitions and therefore there
be interfered by Court. He relies on sections 268 and 294 of Indian
Penal Code, 1860. Petitioner apprehends breach ... provides the ingredients for convicting a
person as guilty of public nuisance. Section 294 is a punishment
provision, for obscene acts or songs committed
place is a public passage or a public place and that on account of some deliberate activity a public nuisance is caused. The authorities ... CHAPTER X - MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
B--Public nuisances
133. Conditional order for removal of nuisance -
(1) Whenever a District Magistrate
respondents to provide underground sewerage
scheme to Madipakkam thereby committing public nuisance under Section
133 of CR.P.C, which is punishable
passed only if it is found that
matter relates to public nuisance under Section 133 of Cr.P.C. but in this
case, there ... impugned order was passed under Section 133(1)(b) of Cr.P.C. which does
not relate to public nuisance and as per this provision
petitioner causing public nuisance and directing him to remove
such nuisance within 7 days failing which proceedings u/S. 188 IPC
shall be initiated against ... termed as a private
nuisance between petitioner and neighbour which does not cause
any dispute or public nuisance as recognized
petition is thoroughly misconceived. Wherever there is a public nuisance, statutory remedy is provided under Section 133 Cr.P.C.
4. Admittedly, petitioner ... held that where-ever there is public nuisance, remedy under Section 133 Cr.P.C. is available.
4. Writ petition is dismissed on the ground
find that wherever there is a public nuisance, statutory remedy is provided under Section 133 Cr.P.C.
4. Admittedly, petitioner has not availed ... held that if there is public nuisance, remedy under Section 133 Cr.P.C. is available.
5. Writ petition is dismissed on the ground
