High CourtsDivision Bench(1948) 03 MAD CK 0001

In Re: Sadagopa Naidu

Madras High Court · Decided on 25 March 1948 · Citation: (1948) 61 LW 405 : (1948) 1 MLJ 414

HON’BLE JUDGES
Govinda Menon, J

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Judgment

5 paragraphs · 111 words

Govinda Menon, J.—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 u/s 139-A of the Code of Criminal Procedure especially since the preli-minary order u/s 133 of the Code

of Criminal Procedure was itself wrong. The petition is allowed.