Section 151 (knowingly
joining or continuing in assembly of five of more persons after it
has been commanded to disperse); Section 290 (public nuisance);
Section ... force to deter public servant from discharge of his duty); Section
427 (mischief) ; Section 448 (house trespass); Section 500
(defamation) ; Section 504 (intentional insult with
offence under Section - 290 of IPC is
concerned, Section - 268 of IPC deals with 'public nuisance',
whereas, Section - 290 of IPC deals with ... They have
obstructed free flow of public and traffic. Therefore, it amounts to
public nuisance in terms of Section - 268 of IPC .
20. Learned Additional
must be a public nuisance. What it speaks is a person is guilty of a
public nuisance provided he does any act or is guilty ... insulting way touching the caste. There is no any public nuisance.
Section 290 IPC prima facie has no application from the face reading
under:
"290. Punishment for public nuisance in cases not
otherwise provided for.-- Whoever commits a public
nuisance in any case not otherwise punishable ... must qualify as a public nuisance as defined under Section - 268 of
IPC . It means there must be something that causes annoyance,
injury, or obstruction
with fine,
or with both.
268. Public nuisance - A person is guilty of a
public nuisance who does any act or is guilty ... There is no public nuisance and therefore, the
question of repetition or continuation of public nuisance
does not arise.
7
11. Section
Section - 186: Obstructing public servant in
discharge of public functions- Whoever voluntarily
obstructs any public servant in the discharge of his
public functions, shall ... Section - 290: Punishment for public nuisance in
cases not otherwise provided for. Whoever commits a
public nuisance in any case not otherwise punishable
deals with punishment for public
nuisance in cases not otherwise provided for, and as
per which whoever commits a public nuisance in any
case ... cannot be taken
cognizance by the Court, the consequent alleged public
nuisance punishable under Section - 290 of IPC
cannot be maintained. Further, the contents
deals with punishment for public nuisance in cases not otherwise
provided for, and as per which whoever commits a public nuisance
in any case ... cannot
be taken cognizance by the Court, the consequent alleged public
nuisance punishable under Section - 290 of IPC cannot be
maintained. Further, the contents
public nuisance and to protect the public at
large. However, for an order of closure of a business establishment
to be justified under Section ... question amounts to a public nuisance or poses a hazard to public
safety.
9. As per Section 135 Cr.P.C., the person against whom
committing public nuisance. The alleged public nuisance is
consequence of violation of the orders of taking out rally. When
the principal offence under Section ... taken into cognizance by the Court, the consequent alleged
public nuisance punishable under Section 290 of IPC cannot
be maintained. Further, no independent witnesses were
