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april 2009

Supreme Court of India · 2009-04-15

Suhelkhan Khudyarkhan & Anr vs State Of Maharashtra & Ors

Citation / case number
AIR 2009 SUPREME COURT 1868
Court
Supreme Court of India
Petitioner
Suhelkhan Khudyarkhan & Anr
Respondent
State Of Maharashtra & Ors
Author
Arijit Pasayat
Bench
P. Sathasivam, Lokeshwar Singh Panta, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that Section 133 of the Code of Criminal Procedure, 1973, pertains to public nuisance and requires imminent danger to property for its application. The Court found that the High Court's order for removal of the appellants' shop was without jurisdiction as it did not establish the necessary conditions for public nuisance. Consequently, the appeal was allowed, and the order of the High Court was set aside, reinstating the appellants' right to continue their business.

Suhelkhan Khudyarkhan & Anr vs State Of Maharashtra & Ors · Niyam