x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Tawi Riverfront To Enrich Jammu’s Heritage | Why future-focused education must align with fast-changing job markets | Suryaputri Tawi Aarti - Reviving & resurrecting the sacred identity & Glory | Strong Message | Rotary Club Jammu Elite Celebrates Annapurna Day with Spirit of Service | Srinagar man charged with using fake medical papers to get job at SKIMS Bemina | Multiple theft cases cracked by Jammu police, arrests 13 accused, recovers stolen property worth over Rs 27 lakh | Search operation underway in Kishtwar | FICCI FLO hosts financial literacy camp | After eliminating Saifullah, security forces intensify anti-terror operations in Kishtwar | Arrested Lashkar-linked PoJK guide trying to dodge investigating agencies | Doubling of Aluabari Road-Thakurganj Section Sanctioned under Northeast Frontier Railway | Satish Sharma highlights direct selling as catalyst for economic growth, youth empowerment | Jammu police tightens noose around drug peddlers | Yogi Cabinet approves Uttar Pradesh Rozgar Mission | Jammu shocked as Rohingyas now turn to street crime | Amarnath Yatra commences, 12, 348 devotees pay obeisance | Travel in designated convoys: Kashmir Police to pilgrims | Union Minister Karandlaje joins yatris | Art 3 empowers Parliament to create new States without dissolving Assembly: Rattan Lal | Fuel ban on overage vehicles not feasible due to tech challenges, complex systems: Delhi govt | Justice Sanjeev Kumar inaugurates Legal Aid Clinic & Free Medical Camp | Army pays rich tribute to 'Naushera Ka Sher' Brig Usman, wreath laid at his grave in Delhi | J&K ACB presents charge-sheet against ex-ZEO Tangdhar, other officials | HC quashes detention under PITNDPS of two ladies | Centre to set up clean plant facility to provide disease-resistant plants | PM Modi becomes India's most globally honored leader with 24 International Awards: Rohiin Chandan | Langer Sewa by JCMS continues for 3rd day | DC Budgam chairs meeting to review implementation of PMJVK projects | Two drug peddlers nabbed with 10 grams heroin | KVK Reasi imparts Training on SHGs and Women Empowerment | Div Com flags off first batch of SANJY pilgrims from Baltal | Food Safety Team inspects langars at Base Camp Nunwan, Transit Camp Chandanwari, Pahalgam | Doctors' Day celebrated with Grandeur at Anutham Hotel | Two stolen scooties, cash recovered, four accused arrested | Drug peddler arrested, 2300 intoxicant capsules recovered | Drug peddlers arrested 16 grams of heroin recovered | Secretary MSME reviews industrial growth, MSME ecosystem in Ladakh | Army empowers border youth through Pre-Recruitment training drive | Bharat Gaurav Deluxe AC Tourist Train will depart for "Shri Ramayana Yatra" on July 25, 2025 from Delhi | Pilgrims to get divine opportunity to visit sacred sites of Lord Shri Ram | Cadet Kumkum Sharma Shines Globally at YEP Vietnam 2025 | Desh Bhagat University signs Historic MoUs with Shobhit University, Gangoh | Pvt school delegation calls on Secretary School Education | Dr Bishwa Nath Tiwari completed 4th time Ironman Championship | MCM DAV College exemplifies fusion of Vedic Wisdom with 21st Century Learning | GGM Sc College faculty visits ELTE - Lorand Eotvos University, Budapest | Chenab Times Foundation to host Essay Writing Competition | Summer camp begins at GDC Darhal | Deepti Sharma credits long training period ahead of England tour for positive results | Back Issues  
 
news details
Judge Small Causes acquits all accused
Violation of Prohibitory orders under Section 144 CrPC
7/11/2020 12:04:58 AM
Early Times Report

Srinagar, July 10: In a significant order, Court of Judge Small Causes, Srinagar, headed by Yahaya Firdous has dismissed various charge sheets filed against the accused persons for violating order(s) under Section 144 CrPC passed by the District Magistrate, Srinagar to contain the spread of CoVid-19 virus in the disrtict Srinagar.
The charge sheets were filed in 09 FIRs registered by various Police Stations under different Sections of the Indian Penal Code which include Sec. 188 IPC (Disobedience to order duly promulgated by public servant), Sec. 269 IPC (Negligent act likely to spread infection of disease dangerous to life) and Sec. 270 IPC (Malignant act likely to spread infection of disease dangerous to life). In some FIRs either Section 3/181, 207 or 270 of Motor Vehicles Act were also slapped against the accused persons.
After hearing both the sides, Yahaya Firdous, Judge Small Causes Court, Srinagar observed that the court has come to the conclusion that for the offence under Section 188 IPC, the courts are prohibited from taking cognizance of an offence under Section 188 of the Indian Penal Code, except on a complaint in writing of the Magistrate who promulgated the order disobeyed or by some other public servant to whom he is subordinate.
The filing of the complaint by such Magistrate or public servant to whom he is subordinate is a condition precedent to the jurisdiction of the trying Magistrate for taking cognizance of the offence.
The court further observed that for the purpose of investigation Section 188 IPC has been made cognizable, does not remove the bar under Section 195 (1) (a).
It was categorically observed that if the order under Section 144 CrPC was promulgated by the District Magistrate, he has to file the complaint as he is the “public servant” whose order has been violated and that he cannot direct the SDM, Tehsildar or SHO to file the complaint. It was observed that in all these charge sheets the complaints were lodged by the police officers, except in FIR No. 32/2020 of P.S Lal Bazar, where the complainant is Executive Magisrate 1st Class(Tehsildar), who is not superior to District Magistrate, whose order was disobeyed.
As far as offences under Motor Vehicles Act are concerned the, court held that the police report (charge sheet) does not fall within the definition of “complaint” as per Section 2(d) of the CrPC, as such, the police reports (charge sheets) cannot be treated as complaint for taking cognizance under MV Act, when there is no other offence either of IPC or any other law associated with the offences under MV Act, hence the final reports (charge sheets) to the extent of the offences under MV Act are dismissed.
With these observations and directions, Judge Small Causes Court, Srinagar Yahaya Firdous dismissed the charge sheets and acquitted all the accused in all the nine FIR.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU