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...-A, 436, 153-A and 505(2) IPC, and under Sections 3(3), 4(3) and 5 of the TADA, and also under Section 25 of the Indian Arms Act.4. As mentioned above the Designated Court...repeats what those witnesses said. Hence the question to be decided now is whether those acts of the appellant would attract the penal consequences envisaged in Section 153-A or 505(2) of IPC...material now. By the same Amending Act sub-section (2) was added to Section 505 of the Indian Penal Code. Clauses (a) and (b) of Section 153-A and Section 505(2) are extracted below...
...to the Sessions Judge was erronous. He also found that the challan in the case did not originate from the authority as required under section 505 RPC. The manner in which the investigation agency and...the Judicial Magistrate have conduct themselves requires a brief comment.
4. In the first instance the investigating officer did not even bother to go through the text of section 505 RPC...so as to find out as to whether or not the provision of section 505 were attracted section 505 is aimed at restraining the public from making publication or circulating any such statement which...
...petitioners have recorded the video of the same and circulated in social media. Hence, the police have registered the case for the offence punishable under Section 505(2) of IPC. 4.... Learned counsel appearing for the petitioners would submit that the ingredients of offence under Section 505(2) of IPC does not attract having taken note of the contents of the complaint. Learned...counsel also brought to the notice of this Court the proviso of Section 505(2) of IPC, which reads as follows:- (2) Statements creating or promoting enmity, hatred or ill-will between classes.- Whoever...
...punishable under Section 505 (ii) IPC. It is relevant to extract the provision under Section 505 (ii) of IPC, which is as follows:- (2) Statements creating or promoting enmity, hatred or..., language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. 5.The offence invoked under section 505(ii...stated above, the contents of the complaint are not at all attracted any of the ingredients as required to attract the offence under Section 505(ii) IPC. Thus, it is manifestly clear that the...
.... on the very next day, but without taking that into account, the impugned FIR has been lodged which is not sustainable in law and that the ingredients of the offence under Section 505 of RPC are not...the petitioner is that the contents of the impugned FIR, even if taken at their face value, do not satisfy the ingredients of offence under Section 505 of RPC and, as such, the impugned FIR is liable...contours of Section 505 of the RPC. This Court, while interpreting the aforesaid provision in the case of Mohammad Salim Pandit v. State of J&K, 2020 (5) JKJ [HC...
...persona so recommended.The application was made to him under the proviso to section 505 of the Civil Procedure Code, and under that section he had power to...receiver at all.We are of opinion that that was an order passed under section 505, and not under section 503. It is, therefore, an order which is not appealable not being specified in the...list of orders in section 588. We are supported in this conclusion by the decision of Birajan Kooer v. Ram Churn Lall Mahata.We, therefore, think, that the preliminary objection which has...
...IPC and Section 7 of Religious Institutions (Prevention of Misuse) Act, 1988 (for short the Act of 1988) were invoked. After the investigation, Section 505(2) of IPC was invoked.... 3. The learned counsel for the petitioner in his argument vehemently contend that in order to invoke Section 505(2) of IPC, permission is necessary to invoke the said offence and also the...Section 505(2) of IPC. He further submit that the permission was sought before registering the case on 21.08.2018 and the Deputy Commissioner gave permission on 25.11.2019 and hence, invoked Section...
...punishable under Section 153-B or sub-section (2) or sub-section (3) of Section 505 of the Indian Penal Code, 1860 (45 of 1860), or(b) a criminal...Section 505 of the Penal Code or a criminal conspiracy to commit such offence except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. The...High Court by which initiation of criminal proceedings against the respondent under Section 153-B IPC were quashed in exercise of jurisdiction under Section 482 CrPC.3. One...
...mainly contended that the allegations made by the 5 respondent/defacto complainant would not attract the ingredients of Section 505(2) IPC. The crime was registered against the petitioner Under...Sections 504, 505(2), 506, 509 of IPC. Except Section 505(2) IPC all the other sections are bailable offences.
3. In fact, the averments in the complaint filed by the 5...respondent/defacto complainant will not attract section 505(2) IPC. Section 505(2) IPC reads as follows:
“Statements creating or promoting enmity, hatred or ill-will between...
...JMFC, Harihara arising out of Crime No.172/2020 registered by Harihara Town Police Station, Davanagere for the offence punishable under Section 505(2) of IPC and Section 3 of the Karnataka Open Place...filed in the present case against the
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accused for the offence punishable under Section 505(2) of I.P.C..., Sanction under Section 196 of Cr.P.C, is mandatory for taking cognizance for the offence punishable under Section 505(2) of Cr.P.C,
5. The material on record would go to...
...Section 216 of Cr.P.C. for altering the charge. The Court vide order dated 10-5-2012 altered the charge and charge under Section 505(2) of I.P.C. was...attempts to promote such feeling. Under Section 505(2), promotion of such feeling should have been done by making and publishing or circulating any statement or report containing rumour or alarming...word or representation is not necessary under the former, such publication is sine qua non under Section 505. The words 'whoever makes, publishes or circulates' used in the setting of Section 505(2...
...of offence under section 505 RPC registered with Police Station, Pampore, Kashmir.2. It is stated that the petitioner has been teaching as an adjunct faculty at Indian...pressure created by Ex-Chief Minister's tweet, lodged FIR under section 505 RPC against the petitioner, which is impugned in the instant petition.6. The petitioner has...sought quashing of the said FIR primarily on the ground that the FIR does not disclose commission of any offence including the offence under section 505 RPC. The petitioner has placed on record copy of...
...offence under Section 505(1)(b) IPC on the basis of the said complaint.
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2. It is alleged in the...petitioners for the offence under Section 505 (1)(b) IPC.
4. The learned counsel for the respondent would submit that the publication is false to the knowledge...of the petitioners; that the learned
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Magistrate had rightly taken cognizance of offence under Section 505(1)(b) of...
...REGISTERED ON THE CHARGE SHEET FILED BY THE
RESPONDENT MANVI POLICE, FOR THE ALLEGED OFFENCES
PUNISHABLE UNDER SECTION 505 (2) OF IPC, IN SO FAR AS...of Civil Judge and JMFC, Manvi (for short 'Trial Court') for the offence punishable under Section 505(2) of the Indian Penal Code, 1860 (for short 'IPC'). Brief facts of the case...offence punishable under Section 505(2) of IPC. After investigation, a charge sheet came to be filed against the accused. The Trial Court took cognizance on 03.01.2022 for the offence punishable under...
...came to be registered in Cr.No.08 of 208 for the offence under Section 505()(b) of IPC. Though the FIR has been registered in the year 208, till date the investigation is pending...counsel for the petitioner submitted that the offence under Section 505()(b) of IPC is a non-cognizable offence and the respondent police ought not to have registered the FIR, without getting a.... / 35. This Court finds some force on the submission made by the learned counsel for the petitioner. It is seen that the offence under Section 505()(b) of IPC is a non-cognizable offence. ...
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2. We direct that the order passed under Section 505 of the Criminal Procedure Code be set aside, and leave it to the Assistant Magistrate to follow the...security for good behaviour, I presume that the Magistrate holds the powers of a first class Magistrate, and that ha was acting under
Section 505 of the Code of Criminal Procedure...satisfied that Partab was by repute an offender within the terms of
Section 505 of the Criminal Procedure Code, and therefore security would be required from him. But as...
...offence punishable under Section 505(2) of IPC. 2. The factual matrix of the case is that after pronouncement of the judgment of Ayodhyas case by the Honble Apex Court, in the...the petitioner in the argument would submit that the reference which has been made in the Facebook does not invoke the offence under Section 505(2) of IPC and unfortunately, the respondent- Police at...that it does not attract Section 505(2) of the IPC since ultimately he say they are bound to obey the Supreme Court Judgment. In view of the discussion made above, I made the following :- ORDER The...
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4. The allegations levelled against the petitioner is under Sections 505 and 420 of IPC. Section 505 of the IPC deals with statements conducing to public mischief. The complainant does...not narrate as to what statement of the petitioner has caused public mischief
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or the ingredients of Section 505 of IPC.... Section 505 of IPC reads as follows:
"505. Statements conducing to public mischief.-[(1)] Whoever makes, publishes or circulates...
...;o kf;fis Vkhw;wp gpr;ir vLf;fpwhu;/'. Hence, it is a false complaint. Further, the offences under Section 505(2) IPC and Section 67 of Information Technology Act are not attracted. Hence, he pleaded...case had been registered in Crime No.403 of 2020, against the petitioner, for the alleged offences punishable under Section 505(2) IPC and Section 67 of Information Technology Act. The...
8. Section 505(2) IPC and Section 67 of Information Technology Act runs as follows:
Section 506(2) IPC-Statements creat...
...registered at Police Station, Shimla (West), District Shimla for offence punishable under section 505(2) of the Indian Penal Code.2. “Key facts” necessary for the...registered against the website under section 505(2) of the Indian Penal Code at Police Station Shimla (West), District Shimla.3. According to the contents of FIR...ingredients of section 505(2) of the Indian Penal Code were not attracted. He has relied upon section 2(1)(w) of the Information Technology Act, 2000...