RAM AUTAR versus STATE OF U. P.

RAM AUTAR versus STATE OF U. P.

The appellants, carrying on a lawful trade in a private house, cannot be held responsible under section 133 CrPC for obstruction on a public road caused by the independent acts of third parties (cart owners). Additionally, noise and discomfort inherent in such public trades, conducted where they are customarily carried on, do not constitute the sort of public nuisance intended to be remedied by section 133 CrPC, unless the injury to public health or comfort is greater than ordinary discomfort.

Parties
Appellant: Ram Autar; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
03 May 1962
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Allahabad High Court Judgment and Order in Criminal Revision No. 947 of 1959
Outcome
Appeal allowed.
Legal Topics
Section 133 of Code of Criminal Procedure, Obstruction of Public Road, Noise as Public Nuisance, Liability for Acts of Third Parties
Criminal Law Public Nuisance Section 133 of Code of Criminal Procedure Obstruction of Public Road Noise as Public Nuisance Liability for Acts of Third Parties

Case Brief

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Parties

Ram Autar

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Allahabad High Court Judgment and Order in Criminal Revision No. 947 of 1959

Legal Issues

  1. 1 Whether auctioneers are responsible under section 133 CrPC for obstruction caused by third-party carts parked on public road
  2. 2 Whether noise from lawful trade constitutes sufficient injury to public comfort or health to justify action under section 133 CrPC

Ratio Decidendi

The appellants, carrying on a lawful trade in a private house, cannot be held responsible under section 133 CrPC for obstruction on a public road caused by the independent acts of third parties (cart owners). Additionally, noise and discomfort inherent in such public trades, conducted where they are customarily carried on, do not constitute the sort of public nuisance intended to be remedied by section 133 CrPC, unless the injury to public health or comfort is greater than ordinary discomfort.

Court Disposition

Appeal allowed.

Orders

  • Order of the Magistrate under section 133 CrPC set aside.
  • Appeal by special leave succeeds.