SUHELKHAN KHUDYARKHAN vs STATE OF MAHARASHTRA .

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 clarified 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. The appeal was allowed, overturning the High Court's dismissal of the writ petition and reinstating the appellants' right to continue their business.