show the difference between
public nuisance and private nuisance. Following paragraphs are relevant :
7. "8 Section 133 of the Code appears in Chapter ... Nuisances are of two kinds,
i.e. (i) Public; and (ii) Private. `Public nuisance' or `common
nuisance' as defined in Section
Accused clearly fall within the definition of
Public Nuisance as defined under Section 268 , Deliberate and
malicious acts, intended to outrage religious feelings ... Accused for the offence under Section 268 for causing public
nuisance, under Section 295-A for deliberate and malicious acts, intended to
outrage religious feelings
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
possession of wrongdoer or under his charge.
Section 290 IPC provides punishment for causing public
nuisance in any case not otherwise punishable ... accused was causing inconvenience to
passers-by or causing public nuisance u/s 290 IPC, in general.
State Vs. Afzal Page No.6 / 8
Admittedly
under
Section 133 Cr.P.C. a public nuisance has to be established.
6. Term "public nuisance" has not been defined ... convenience or advantage.
7. Thus, "Public Nuisance" shall mean a public nuisance as defined
under Section 268 of IPC. "Public Nuisance
possession of wrongdoer or under his
charge. Section 290 IPC provides punishment for causing public
nuisance in any case not otherwise punishable ... accused was causing
inconvenience to passers-by or causing public nuisance u/s 290
IPC, in general. Admittedly, despite their presence at the spot
there is public nuisance. The public power of the Magistrate
under the Code is a public duty to the members of the public ... with maintenance of public
order and tranquillity. It is a part of the heading "public
nuisance". The term "nuisance" as used
section."
Section 142 CrPC provides for injunction pending inquiry
and Section 143 CrPC provides that Magistrate may prohibit
repetition or continuance of public nuisance ... complete mechanism has been prescribed from
Section 133 to Section 143 of the CrPC for removal of public
nuisance, which has to be initiated
removal of nuisance and to protect
the people from public nuisance. The dogs, being
kept by the petitioner were causing nuisance by
way of barking ... locality and therefore, it is only a
public nuisance. Similarly, emitting foul smell is
also a public nuisance, causing inconvenience to
all the people residing
conservancy, the prevention and
abatement of nuisance;
d. xxx xxx
e. xxx xxx
xxx xxx
r. cleaning public streets places and sewers,
and all spaces ... public, whether such places are vested in
the panchayat or not, removing the noxious
vegetation, and abating all public
nuisances.
10.2 Section
