If you are remanded to custody you will get suspended. There is no denial of the fact that said sunil Kalita being the Civil Nazirwent to the place of occurrence for execution of a writ issued by a competent court of law. The medical report would automatically prove how the concerned official was attacked and with what weapons. They have not arrested you as they no know that they are on a sticky wicket. She was nursing a grudge and wanted to teach a lesson to the officials and hatched the conspiracy with one Gurpreet Gora, resident of a Moga village whose mother is a village sarpanch.
The appellants by this special leave are seeking to assail the correctness of the above Order. He added that the said assembly created an unruly situation, as a result of which the officer in charge of the police party tried to drive them out. The further revelation made by the said witness is that there were accused Abhi Roy Choudhury, his wife and other members of his family and then the women constable arrested and took them to the police station. During cross examination the witness added that at first they tried to convince accused Abhi Ray Choudhury, but he did not agree. Indeed, the High Court has the extraordinary or inherent power to reach out injustice and quash the first information report and criminal proceedings, keeping in view the guidelines laid down by this Court in various judgments reference in this connection may be made with advantage to State of Haryana v. By the time i reached bar to find the same it is closed.
Incase prosecution witness deny that they do not remember the event. The witness further asserted that as the accused persons obstructed them in execution of the decree, police force tried to control the mob and then they caused hurt to the lady police officer. The privilege issue caused uproar in the Assembly on Wednesday as legislators cited numerous instances of highhanded on part of Government officials. If you question the police in their work, they will file a case under section 353 against you. For the accused: Shri B. Heard the convicts on the point of sentence,it is true that 19 years have since been passed from the date of occurrence and most of the convicts have turned to more than 60 years of age and ailing and infirm.
Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section. It was held that the arrest not being justified, the accused did not commit any offence under Section 353 by inflicting some injuries on the officer during a scuffle. It is solely available at your request for informational purposes only, should not be interpreted as soliciting or advertisement. The most important witness in this case is victim Padma Bora. After that also while taking me to the police station in the jeep also they have beaten me unnecessarily.
Please send questions and comments to. Unfortunately, Kadam was not suspended but just transferred after the incident. He further corroborated that thereafter more police force along with an Executive Magistrate, came to the spot and they controlled the situation. The legislators do not have personal interest and are only representing the issues of electorate and they are answerable to them. There is also no denial or challenge of the facts stated by said witness regarding creation of a chaotic situation at the place of occurrence by the accused persons to obstruct the lawful decree. Section 355 of Indian Penal Code. The case has come up for evidance now.
Banumathi New Delhi, January 20, 2015. He also added that some outsiders were also there but he could not say who were they. The bench headed by Justice Kurian Joseph cracked the whip at lower courts for keeping the man in jail for 91 days. After the sessions court, even the Aurangabad Bench of the Bombay High Court rejected his bail plea. The Constable, who was present at the time of incident, directed the appellants to meet Mr. On the orders of Mr.
The appellants filed Criminal Petition No. This website is meant only for providing free legal information to its visitors, without any warranty. He also proved the seizure of articles by the police. In view of the above, my question is that 1 can i file a counter case on them for beating me when i have taken alcohol and even without any mistake done. Disclaimer: यह जानकारियां इन्टरनेट पर उपलब्ध कई अन्य स्रोतों से ली गई है और इन जानकारियों को इस पृष्ट पर केवल प्रयोक्ता को सामान्य ज्ञान उपलब्ध करवाने के उद्देश्य से प्रस्तुत किया गया है इसलिए इंडिया हेल्पलाइन यहां उपलब्ध लेख सामग्री की कोई जिम्मेदारी स्वीकार नहीं करता है। यदि आपको इस लेख में किसी प्रकार की त्रुटि, आपत्ति, भेदभाव, घृणा इत्यादि का आभास होता है या कोई भी अशोभनीय सामग्री दिखती है जिससे किसी की भावना को ठेस पहुंचती है या किसी प्रकार का साहित्यिक चोरी का आभास होता है तो कृपया आप इस की रिपोर्ट इस लिंक पर करें धन्यवाद।. Decisions and reasons thereof 6.
Further, a case against the accused persons under section 324 or 307 and of course, 353 sounds logical. Where the excise officers did not record any reasons for searching the car in which the petitioner was travelling, the search by them being illegal, obstruction against the same could not attract this section. Such cases fall apart after reaching the court due to lack of evidence. During cross examination the witness added that accused persons demanded one week time to vacate the premises. He further testified that as they could not enter, police forcibly opened the gate and as soon as they entered into the premises, a hulla was raised. To bring home the charge, prosecution examined as many as five witnesses on its behalf and also exhibited three documents. He corroborated the testimony of two witnesses by deposing that as they went to the spot, accused AbhiRoy Choudhury closed the gate and obstructed the Nazarat staff in entering into the premises.
Snatching of ballot papers from the custody of the polling officer and tearing them amounts to use of criminal force. But the thing is you have to be in duty and doing the public work. Consult a good book on the subject. The section attracts two years of imprisonment or a fine as the punishment in most of the states. Let's work together to keep the conversation civil. It was submitted that Facebook page of the Bengaluru traffic police itself is a public forum meant for citizens to discuss and post their grievances and therefore, the comment of the appellants posted on the Facebook would not prima facie constitute the offence and the High Court erred in not appreciating the matter in proper perspective.