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  • Category: Indian Law

    Maintainability of Section 133 Of Crpc

    Want to know about the maintainability of Section 133 of CRPC? A particular land is creating nuisance and want to file petition under section 133 of CRPC? Get legal help about CRPC petitions here.

    If there is civil proceeding is pending and statuesque is there. And in the particular land X is creating a nuisance. A and B are the neighbor of the said land, as there is a nuisance created by X, A and B therefore filed a petition under Section 133 of Cr.P.C against X for removal of the said nuisance. Is proceeding under Section 133 of Cr.P.C is maintainable under such circumstances?
  • #94183
    Dear friend,

    Sec 133 of CRPC is not maintainable when a civil suit is pending in respect of the said plot between same parties.

  • #94858
    Section 133 of Crpc enumerates the power to deal with public nuisance.The power can be exercised either on receipt of a police report or other information.It results in conditional order.No evidence is required.The proceedings are entirely ex parte.If the magistrate thinks that any unlawful obstruction or nuisance should be removed from any public place, then he may pass an order.The word 'public' in public nuisance can be categorized as a class or community residing in a particular locality.The number of persons claiming the right and the nature of right will be the criteria .It has to be seen whether the right is vested in large number of person so as to make them a community or class.In your case Section 133 Crpc is not maintainable as it is only causing inconvenience to two persons.

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