Court : Madhya Pradesh
Reported in : 1987CriLJ1750
..... according to section 461(1)(k) of the code if any magistrate not being empowered by law in this behalf takes cognizance of an offence under section 190(1)(c) of the code, his proceedings shall be void ..... (for short 'the code') have been taken in absence of a written complaint by the public servant concerned or by some other public servant to whom he was administratively subordinate cognizance of the offence under section 353 ibid was, for that reason, also barred. ..... the same or at least interwoven, it has to be held that as cognizance of the offence under section 186 1.p.c could not, in view of section 195(1)(a)(i) of the criminal p.c. ..... prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence: (i) no court shall take cognizance-(a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the indian penal code (45 of 1860), or....except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate:the underlying purpose behind the provision seems to be to check misuse of the machinery of criminal prosecution by unconcerned persons on ..... in the instant case too, the very act of obstruction lies in the alleged assault and use of criminal force ..... was placed on the decision in state of karnataka v. ..... in this connection the decision in govind prasad's case, 1975 cri lj 1249 (cal) may usefully be perused .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ236
..... , sidhi by filing criminal complaint against him for alleged offences committed by shri soni punishable under sections 217/219 and 166, indian penal code. ..... had directed issue of notice to the contemner as to why proceedings under section 12 of the contempt of courts act be not started against him on his act of scandalizing shri soni's court by allegations of dishonesty and mala fide in the complaint. ..... this reference under section 12 of the contempt of courts act has been made by shri u.c. ..... the complaint against abhiramsingh was also dismissed holding that no sanction was obtained against him under section 197, criminal procedure code which was essential as the allegations were in respect of acts done by the magistrate in his capacity as a judge and the s.o. ..... shrivastava for various offences under sections 201, 203, 204, 217, 218 was heard by shri m.c. ..... delhi 1981 (2) 939 considered whether section 12 of the contempt of courts act lays down a limitation on the power of the high court for imposing punishment on a contemner in spite of article 215 of the constitution while no such limitation is laid down under article 215. ..... , sidhi and after statement of the complainant under section 200, criminal procedure code shri soni directed it to be sent to area police officer for report. ..... this court took cognizance of the contempt committed by this contemner vide order dated 6-4-1998 and directed issue of notice against him.7. ..... delhi 1981(2) 939 and before karnataka high court in s.n. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ389
..... in relation to vigilance committee in district and in the sub-division by the sub-divisional magistrate.section 14 deals with functions of the vigilance committee as enumerated in clauses (a) to (f) of sub-section (1), clause (d) of sub-section (1) of section 14 casts a duty on vigilance committee to keep an eye on the number of offences of which cognizance has been taken under this act, clause (e) speaks of making a, survey as to whether there is any offence of which cognizance ought to be taken under this act and clause (f) requires vigilance committee to defend any suit instituted against a freed bonded labourer or ..... - (1) the state government may confer, on an executive magistrate, the powers of a judicial magistrate of the first class or of the second class for the trial of the offences under this act, and on such conferment of powers, the executive magistrate, on whom the powers are so conferred, shall be deemed, for the purposes of the code of criminal procedure, 1973, to be a judicial magistrate of the first class or of second class ..... 23(1) of the constitution prohibits 'begar' and other similar forms of forced labour and further provides that any contravention of the said prohibition shall be an offence punishable in accordance with ..... this ordinance was replaced by the act which came into force with retrospective effect from october 25, 1975 ..... the karnataka high court in case of state of karnataka v. ..... labour system (abolition) ordinance, 1975 was promulgated by the president. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ2438
..... had directed issue of notice to the contemner as to why proceedings under section 12 of the contempt of courts act be not started against him on his act of scandalizing shri soni's court by allegations of dishonesty and mala fide in ..... this reference under section 12 of the contempt of courts act has been made by shri ..... 2 delhi 939, considered whether section 12 of the contempt of courts act lays down a limitation on the power of the high court for imposing punishment on a contemner in spite of article 215 of the constitution while no such limitation is laid down under article 215. ..... the punishment under section 12 of the act can be imprisonment upto 6 months or ..... criminal contempt has been defined in section 2(c) of the contempt of courts act, 1971, as meaning the publication (whether by words, spoken or written, or by signs or by visible representations or otherwise) of any matter or the doing of any other act whatsoever which,(i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court, or(ii) prejudices or interfere or tends to interfere with the due course of any judicial proceedings,(iii) interfere or tends to interfere with or obstructs ..... sidhi by filing criminal complaint against him for alleged offences committed by shri soni punishable under section 217/219 and 166. ..... this court took cognizance of the contempt committed by this contemner vide order dated 6-4-98 and directed issue of notice ..... ) 2 delhi 939 and before karnataka high court in s.n. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(1)MPHT512
..... court found the appellant guilty for the commission of offence punishable under section 304(1) of ipc instead of section 302 of ipc and secondly, under section 324 of ipc for causing incised injuries to kamal singh ..... the finding of conviction as recorded by learned trial court in this regard is based on legal evidence available on record and trial court not committed any illegality in holding the appellant guilty for conviction under section 304(1) of ipc regarding the death of mule singh and under section 324 of ipc for causing injuries to kamal singh. ..... the other objection which was raised by learned counsel for the appellant that the report under section 157 of cr.pc was sent to the magistrate after eight days of the incident and the statements were ..... of eye-witnesses are trustworthy, therefore, the delay in sending the report under section 157 of cr.pc will not affect the prosecution case. ..... after completion of investigation, charge-sheet was filed under sections 302, 307,147,148 and 149 of ipc before the competent court against eight accused persons including the present appellant ( ..... 95/95, by which the appellant has been convicted under section 304(1) of ipc and sentenced to undergo rigorous imprisonment for ten years with a ..... court 463 and state of karnataka v. ..... alternative, it is submitted by counsel for the appellant that in this case, if the appellant found guilty, he prays for relaxation of sentence of the appellant and he may be given benefit of probation of offender's act. .....
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