Supreme Court · 2009 INSC 495 · Decided 15 April 2009
Suhelkhan Khudyarkhan & ANR. v. State of Maharashtra & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 495 · [2009] 5 S.C.R. 1142
- Case number
- CRIMINAL APPEAL No. 1039/2005
- Decided
- 15 April 2009
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P. SATHASIVAM (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 268; CrPC Section 133; CPC Section 91
Headnote
Code of Criminal Procedure, 1973: c s. 133 - Scope of - Discussed - On facts, order of High Court directing removal of the encroachment does not suffer from infirmity so as to call for interference. D Appellants were tenants on the suit premises for 15- 20 years where and were running a religious bookshop. Municipal Council tried to remove the shop. Appellants filed civil suit. SOM issued a conditional order to remove the shop on the basis of complaint of respondent no.2. Appellants appeared E before SOM and requested for dismissal of application of
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