Supreme Court · 2004 INSC 538 · Decided 22 September 2004
Kachrulal Bhagbirath Agrawal and ORS. v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 538 · [2004] SUPP. 4 S.C.R. 597
- Case number
- CRIMINAL APPEAL No. 1350/2003
- Decided
- 22 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 133, 144, 138
Headnote
Code of Criminal Procedure, 1973-Section J 33(l)(b)-Public nuisance-By trade or occupation-Scope and ambit of-Held: In order to bring a trade or occupation within operation of Section 133(l)(b), it must A B be shown that interference with public comforfwas considerable and a large C section of the Section is essentially to prevent public nuisance and involves a sense of urgency. Appellant No.1 was a wholesale dealer in dry chillies. His godown for storing dry chillies was in a residential area. The residents of the D area filed a complaint u/s 133 Cr.P.C. before the Sub-Division
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