In Headnote:
- C. (2 of 1974) , S.482, S.195— Penal Code (45 of 1860) , S.187—
Contempt ofAuthority ofPublic Servants - (45 of 1860) , S.166, S.138—
Contempt ofAuthority ofPublic Servants - For offence under S. 166
AIR Law Lines - Point Extract
(A)
Criminal
Criminal Laws (procedure)
Prosecution For Contempt Of Public Servant
Filing Of Complaint - Competent Authority
— Complaint in writing has to be filed by public servant concerned or his superior officer. Complaint of lawful authority of Superintendent of Police. Complaint filed by SHO of Police Station was not in consonance with S. 195(1)(a). Complaint was liable to be quashed.
(B)
Criminal
Criminal Laws (offences & Punishment)
Contempt Of Authority Of Public Servants
Mere Disruption Of Government Administration - Whether Attract S. 186, Ipc
— Allegations that accused along with others were entered into Police Station and thereafter went to office of Superintendent of Police and disrupted government administration for half an hour. Complaint was not stating what duties were being discharged by those police officials present in Police Station and which one of them was obstructed voluntarily from discharging official function. Mere disruption of government administration without mentioning that public servants were obstructed voluntarily from discharge of their public functions would not attract S. 186, IPC. Proceedings were liable to be quashed.
In Judgment Text:
- powers of the Magistrates of taking cognizance of certain groups of offences viz.,
contempt ofauthority - of
public servant , certain offences against public justice and certain offences relating to documents given
By
Published In
Air 1958
In Article Full Text:
- of
contempts ofauthority ofpublic servants under a misapprehension of law thereby undermining the Rule of Law
J
J
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