Sec.482 Cr.P.C. - Sec.353, 506(503) of I.P.C. - Misbehavior of Traffic Police Inspector with out registering any complaint or FIR against the accused in police station - posted comments about his misbehavior- not amounts to obstruction of official duty and also criminal intimidation - the appellants posted comments on the Bangalore Traffic Police Facebook page, accusing Mr. Kasim of his misbehavior and also forwarded an email complaining about the harassment meted out to them at the hands of the Respondent Police Inspector. - As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.- 2015 S.C. MSKLAWREPORTS

Sec.482 Cr.P.C. - Sec.353, 506(503) of I.P.C. - Misbehavior of Traffic Police Inspector with out registering any complaint or FIR against the accused in police station - posted comments about his misbehavior- not amounts to obstruction of official duty and also criminal intimidation - the appellants posted comments on the Bangalore Traffic Police Facebook page, accusing Mr. Kasim of his misbehavior and also forwarded an email complaining about the harassment meted out to them at the hands of the Respondent Police Inspector. - As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.- 2015 S.C. MSKLAWREPORTS


The legal position is well-settled that when a  prosecution
at the initial stage is asked to be quashed, the test to be applied  by  the
Court is as to whether the uncontroverted allegations as made, prima  facie,
establish the offence. 
 It is also for the Court to take into  consideration
any special features which appear in a particular case to  consider  whether
it is expedient and in the interest of justice to permit the prosecution  to
continue.  
Where,  in the opinion of the Court,   the  chances  of  ultimate
conviction is bleak and  no  useful  purpose  is  likely  to  be  served  by
allowing a criminal  prosecution  to  continue,  the  Court  may  quash  the
proceeding even though it may be at a preliminary stage. -

Popular posts from this blog

APEX COURT DIGEST - Jan.2017 [6]

Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports