potential nuisance, i.e. to
what may become a nuisance in the future nor does this
section apply when the nuisance has ceased Also ... Maintenance of Public Order and
Tranquillity" and its Part-B commencement from section
133 onwards deals with "Public Nuisances" Section
Punishment for public nuisance in
cases not otherwise provided for.—Whoever
commits a public nuisance in any case not
otherwise punishable by this Code, shall ... Lastly, Section 341 IPC alleging wrongful restraint and the
omnibus Section 290 IPC for public nuisance are concern, for wrongful
restraint, voluntary obstruction
action, whenever there is public nuisance inasmuch as the public
power of the Magistrate, as conferred upon him under Section 133
of the Code ... there is public nuisance. The public
power of the Magistrate under the Code is a public
duty to the members of the public
reproduced below:
"91. Public nuisances and other wrongful acts affecting the public.--[(1)
In the case of a public nuisance or other wrongful ... public street in which any nuisance is
being created so that it could be treated as a public nuisance, as
contemplated by Section
there is public
nuisance. The public power of the magistrate under the Code is a
public duty to the members of the public ... Court to combat public nuisance in an effort to
incinerate public injury and to idolize public interest in terms of
section 91 of the Code
existence of any public right in respect of the alleged public
lane by virtue of Section 137 CrPC. The provision of Section 137
CrPC ... nuisance
to the public. The provision of Section 133 of the Code can be
culled in aid to remove public nuisance caused by affluent
Nuisances are of two kinds, i.e. (i)
public; and (ii) private. "Public nuisance" or "common
nuisance" as defined in Section ... with maintenance of public
order and tranquility. It is a part of the heading "Public
nuisance". The term "nuisance" as used
there is public
nuisance. The public power of the magistrate under the Code is a public
duty to the members of the public ... public duty implicit in the public power to be
exercised on behalf of the public and pursuant to a public
proceeding. It was said that
Nuisances are
of two kinds, i.e. (i) Public; and (ii) Private. 'Public
nuisance' or 'common nuisance' as defined in Section ... this Section, it
must be shown that the interference with public
comfort was considerable and a large section of the
public was affected injuriously
Collectors and Sub Divisional
Magistrates alone were entrusted to deal with public nuisance u/s.
133 , 143 CrPC and public order ... under this
section shall be called in question in any civil Court.
143. Magistrate may prohibit repetition or
continuance of public nuisance
A District Magistrate
