However, if in case Session rejects your application for compromise then you need to come before High Court under 482 for the same. The High court vide its Order dated 24. Her further testimony is that the said women attacked her with dao and stick. 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. He further corroborated that thereafter more police force along with an Executive Magistrate, came to the spot and they controlled the situation. 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 senior lawyer suggests police often misuse this provision when they are off duty, or in a civil dress. If not under above; any other things which you can suggest which can go favourable for him. Constable Tarun Sarma also received injury. 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. The amount of fine,if realized will go to the State Exchequer.
More ire was directed towards lower rung policemen who were accused of insulting and using expletives against the elected representatives. The witness further corroborated that as they asked the Judgment Debtor to leave vacant khas possession of the land, they did not agree and the they mobilized a large gathering which created a unruly situation. But, a constable even if not on his official duty arrests an offender who had inflicted knife injuries and gets assaulted in the process, this section does come into play. Appeared: For the State: Smti M. Decisions and reasons thereof 6. Then his testimony would loose much of its significance if not all. 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।.
She added that as she tried to open the door, one of the girls gave her two blows with the dao on her head and then she raised alarm and opened the door. During cross examination, she added that she could recognize her assailant as Renu Deka, as she was called by the other women by that name. Offence under 332 is non compoundable though with due permission from Court, compromise application can be filed and the case can be compounded. By the time i reached bar to find the same it is closed. Defence plea was of complete denial of any guilt and defence examined none on its behalf. Mere not turning up prosecution witness is not sufficient to acquit the accused person as there is lot of scope in the Code to compel their attendance. He also added that some outsiders were also there but he could not say who were they.
If a senior member of the House is being insulted it is for every public representative to unite and pressed for suspension of police officer and then holding of inquiry. One of the passengers, who was travelling by the auto, namely Mrs. However, he admitted that he did not see who had caused hurt to the lady police officer. What is Assault or Criminal Force? During cross examination the witness asserted that accused Abhi Roy Choudhury had a motor driving centre in the said land. The legal position is well-settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made, prima facie, establish the offence. It clearly stated that courts should give priority to recover the payment of fine instead of imprisonment. This website is meant only for providing free legal information to its visitors, without any warranty.
Where an officer of the court signed a warrant of arrest without having any authority to do so, resistance to its execution was not punishable under sections 225- B and 353 of the Code. Why didn't the police arrest me even after ten days? If someone takes objection against their wrong acts, they fall back upon this section to fill up the lacuna and to side-track their mistake. 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. He added that after reaching the spot at about 10. Can accused get permanent exemption during course of trial incase counsel applies for it? Another Shiv Sena legislator, Mangesh Patil-Ashtikar also narrated the incident of derogatory statement used against him by a police sub-inspector and alleged protection granted to him by senior police officers. The bench headed by Justice Kurian Joseph cracked the whip at lower courts for keeping the man in jail for 91 days. Is there any harm in going out of station, would be back before the above said date? Such cases often fall apart after reaching the court of law.
This witness specifically stated that accused Abhi Ray Choudhury was accompanied by his wife Madhurima, Giribala Das, Renu Deka, Rashmi Das and others. The charge was read over and explained to the accused persons to which they pleaded not guilty and stood to face the trial. Session will take that on record and dispose the case. Article shared by Legal provisions regarding Assault or criminal force to deter public servant from discharge of his duty under section 353 of Indian Penal Code, 1860. No, you will not be suspended for this. But material has to be placed on record to show that the intention is to cause alarm to the complainant. 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.
Hence, there is no doubt that the accused persons were the members of the unlawful assembly, the common object of which was to obstruct the lawful execution of the Writ of a competent Civil Court. It certainly needs amendments to stop its misuse. The period of imprisonment already under gone by the convicts will be set off and it will run concurrently. Such cases fall apart after reaching the court due to lack of evidence. Does the non-attachment of attendence sheet or duty sheet to chargesheet to prove he was on duty by constable can be strong reason to prove that circumstances as to case did not exsists? What will be their next step? His testimony reveals that as they reached the place of occurrence, they found the gate closed. What are the ground on which the accused can be acquitted by court? Incase constable produces record of his attendance during course of trial - will that be admissible as evidence keeping in view the fact that he did not attach it initially with chargesheet? By perusing the materials available on record, it appears that no force was used by the appellants to commit such an offence.