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1962 Supreme(SC) 214

RAGHUBAR DAYAL, K.C.DAS GUPTA, J.L.KAPUR
Ram Avtar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.L.Prem, C.P.LAL, G.C.MATHUR

Judgment

DAS GUPTA, J. : This appeal by special leave is against the order of the High Court at Allahabad dismissing the application for revision of an order under S. 133 of the Code of Criminal Procedure.

2. The three appellants carry on the trade of auctioning vegetables. These vegetables, it appears, are brought in carts which are parked on the public road outside the building where the auctioning takes place. There was some dispute between these appellants and the Municipal Board which it is suggested by the appellants was really behind the move to get this order under S. 133 passed against them. It is unnecessary, however, for us to consider that matter. What appears to be clear is that the trade is carried on in a private house, in the Subzimandi quarter, and it does happen that some amount of inconvenience is caused to people who pass by the public road because of the carts which necessarily come near this house. The real question is, whether because this trade of auctioning vegetables which the appellants carry on in their private house produce the consequence that people passing by the road are put to inconvenience, action can be taken under S. 133 of the Code of Criminal P






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