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.