MUNICIPAL COUNCIL, RATLAM vs VIRDI CHAND .

The Supreme Court held that under Section 133 of the Code of Criminal Procedure, 1973, a Magistrate has the authority to order the removal of public nuisances, including the obligation of municipalities to provide sanitary facilities as mandated by Section 123 of the M.P. Municipalities Act, 1961. The Court emphasized that the public power exercised by the Magistrate is a public duty to protect the community from nuisances, and failure to comply with such orders can lead to prosecution under Section 188 IPC. The Court affirmed the necessity for municipalities to fulfill their statutory obligations to ensure public health and safety.