x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   NC-PDP cold war on statehood! | Establishment of Toll plazas in Jammu violates NH Fee rules, UT criteria | J&K LG, Girish Chander Murmu resigns | Demands of greater autonomy, self-rule disappeared | Despite reluctance Plantation Supervisor asked to join elevated post of VLW in RDD in Udhampur | COVID-19 caseload in JK reaches 22955 as 559 fresh cases reported, nine more deaths | J&K Govt delivers good governance through administrative reforms: Home Ministry | Govt reorganizes engineering wings of departments | KKHMS celebrates stone laying ceremony of Ram Mandir | Army, forest officials lunch plantation drive | Congress leader stages protest against Modi Govt | JKECTWS constitutes Adhoc Committee | Historic Dogri Radio’s 100th Episode released | Havan performed to mark bhoomi poojan ceremony at Ayodhaya | GDC Udhampur Starts Online Admissions for 1st Semester | 1st anniversary of Article 370’s abrogation, Ram Temple consecration celebrated in Bishnah | AJKYF holds digital protest for downgrading J&K | JKAOA hails admin for farming sector reforms, cadre mgt | BJP leaders hoist national flag across J&K on Article 370 abrogation day | Councilor Sahil Gupta hoists national flag in many Panchayats | Posturing won’t help NC | Post Article-370 : Scope for Increased Development in Jammu Kashmir | Zahawiris’ recipe for escalating Terror in Kashmir | Jammu Kashmir: Monumental positive changes witnessed in the past one year | Article 370 Abrogation Anniversary: Jammu and Kashmir Witnesses 100% success in Welfare Schemes | Munish Gupta asks government to step in & solve problems of residents | Hirdesh reviews functioning of Election & Transport Departments at Udhampur | State Taxes Deptt imposes fine of Rs 13 lakh on tax evaders | Government transfers 50K land to School Education Department | Excise sleuths seizes 52 bottles of illicit liquor, two booked | Independence Day arrangements reviewed in district Samba | Samba admin braces for week long sanitation campaign- Gandagi Mukt Bharat | DLSA Jammu holding E- Lok Adalat on August 22 | Shiv Sena celebrates stone laying ceremony of Ram Mandir | JKSSB’s Portal records 4,26,320 registrations; 2,18,850 candidates submit online application so far | Jammu, Srinagar Airports receive 23 domestic flights with 2,582 passengers | Dogra youth hold protest against downgrading of state | Blacktopping work started on Bounjwa road | I&C department’s divisional-panel clears subsidy cases | COVID-19: Microware Communications launches first e-store for ‘computer wares’ | Govt evacuates 2,86,301 stranded JK residents; 1,98,661 via Lakhanpur, 87,640 through special trains | Congress criticizes detentions, restrictions on leaders | Nagrota Sangarash Samiti dharna on Degree College enters Day 15 | GDC Vijaypur organizes national level quiz competition | BJP Jammu West unfurls National flag in all wards | Local residents, shopkeepers protest against closure of Mubarak Mandi gates | Government should constitute special norms for SPOs promotion, regularization: JKIM | Lockdown passes off peacefully in Poonch | TNWS celebrates 1st anniversary of J&K UT | GDC Kalakote launches online admission process for BA Sem-1 | Shreya Sasmal of DPS Udhampur bags 2nd position in debating fest | ABVP Ramban celebrates anniversary of Abrogation of Article 370 , 35A | DC Kathua reviews I-Day arrangements | Sub-Judge B’la rejects bail plea of fake MBBS doctor | Hanging rocks threaten travellers on Anjole road | Govt asks competent authorities to enter details on application/portal for Domiciles Certificates issued manually | BJP women leaders hoist flag in valley to celebrate first anniversary of abrogation of Art 370 | 25,000 non-Kashmiri migrant workers return to J-K | 12,000 vacancies being sent to various recruitment agencies | DM orders night time restrictions on non-essential activities in Jammu district | Three BJP workers resign in Kulgam | Militants open fire on security forces in Shopian | JKTJAC questions projecting teachers as fresher even after decades of service | Raj Bhavan cancels ‘At Home’ function in view of COVID-19 pandemic | HC quashes detention order under PSA | Massive fire broke out in Kuntwara forest | JKECTWS alleges ex-head still acts as self-styled president | Dharmarth Trust gears up for reopening of temples | All-party meeting called by NC foiled in Srinagar | Army’s Northern Command Chief meets Lt Governor | JKNPP holds protests seeking restoration of Dogra State | Kashmiris celebrate ‘Indian hood’ on Aug 5: Mir Junaid | 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