P ATHAVALLA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner has a motor cycle work shop, Unfortunately it is located in front of Adoni II Town Police Station. On 19-1-1981 at about 1230PM the petitioner was repairing an Yezdi motor cycle and in testing the working of the engine, the motor cycle was emitting loud noise. THE Sub Inspector of Police sent word to the petitioner to stop the noise and when the petitioner declined, the complaint was- filed against him under sec 290 I P C. Public nuisance is defined in Sec. 268 IPC THE act complained of should cause a common injury danger or annoyance to the public or to the people in general who occupy property in the vicinity. THE working of an engine of a motor cycle on a particular day for a short period cannot amount to a public nuisance, li is a matter of regret that both the Magistrate and the Addl. Sessions Judge should have persuaded themselves to convict the petitioner under sec. 290 IPC THE conviction of the petitioner is accordingly set aside THE revision is allowed, acquitting the petitioner.