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In Re: Sadagopa Naidu

Type Court Judgment Court Chennai Decided Mar 25, 1948
~1 min read
https://sooperkanoon.com/case/809501

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Citation
Court
Chennai
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - There is nothing to show that the members of the public have complained against the petitioner for causing public nuisance.

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Sadagopa Naidu

Legal References

Reported In
(1948)1MLJ414

Excerpt

- - there is nothing to show that the members of the public have complained against the petitioner for causing public nuisance.ordergovinda menon, j.1. the parking of buses in sheds built upon private land cannot amount to a public nuisance prima facie. there is no evidence whatever that the act of the petitioner has caused any nuisance to any one and much less to the public at large. there is nothing to show that the members of the public have complained against the petitioner for causing public nuisance. in the absence of any material before it the lower court was wrong in extending the order under section 139-a of the code of criminal procedure especially since the preli-minary order under section 133 of the code of criminal procedure was itself wrong. the petition is allowed.

Full Judgment

ORDER

Govinda Menon, J.

1. The parking of buses in sheds built upon private land cannot amount to a public nuisance prima facie. There is no evidence whatever that the act of the petitioner has caused any nuisance to any one and much less to the public at large. There is nothing to show that the members of the public have complained against the petitioner for causing public nuisance. In the absence of any material before it the lower Court was wrong in extending the order under Section 139-A of the Code of Criminal Procedure especially since the preli-minary order under Section 133 of the Code of Criminal Procedure was itself wrong. The petition is allowed.

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Same Parties In Re: Sadagopa Naidu vs Same Subject Criminal
Criminal

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