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Search Results Judgments > Act:PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT 1984 Section 3

Mar 21 2013

ESSA @ ANJUM ABDUL RAZAK MEMON Vs. STATE OF MAHARASHTRA TR.STF,CBI MUM ...

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 ... Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 ... Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 ...

Apr 11 2014

Periyasami Vs. State Tr.Insp.Of Police

  • Decided on : 11-Apr-2014

Court : Supreme Court of India

... Sections 3 and 5 of the Explosive Substances Act, Section 150(2) (b) of the Railways Act and Section 3 read with Section 4 of the Prevention of Damage to Public Property Act. As against A2-Periyasami the trial court framed charge under Section 120(B) IPC read with Sections 3(3) and 4(1) of the TADA, Sections 3(3) and 4(1) of the TADA, Section 3 of the Explosive Substances Act, and Section 3 read with Section 4 of the Prevention of Damage to Public Property Act ... Section 3(3) and Section 4(1) of the TADA, Sections 3(2) (ii), 4(1) and 5 of the TADA, Sections 3 and 5 of the Explosive Substances Act, Section 150(2) (b) of the Railways Act and Section 3 read with Section 4 of the Prevention of Damage to Public Property Act. As against A2-Periyasami the trial court framed charge under Section 120(B) IPC read with Sections 3(3) and 4(1) of the TADA, Sections 3(3 ... Sections 3(2) (ii), 4(1) and 5 of the TADA, Sections 3 and 5 of the Explosive Substances Act, Section 150(2) (b) of the Railways Act and Section 3 read with Section 4 of the Prevention of Damage to Public Property Act. As against A2-Periyasami the trial court framed charge under Section 120(B) IPC read with Sections 3(3) and 4(1) of the TADA, Sections 3(3) and 4(1) of the TADA, Section 3 of the Explosive Substances Act ...

Mar 21 2013

YAKUB ABDUL RAZAK MEMON Vs. STATE OF MAHARASHTRA TH:CBI MUMBAI

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1-A), (1-B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 ... Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance. In addition to the abovesaid principal charge of conspiracy, the appellant was also charged on the following counts: At head secondly, for commission of the offence under Section 3(3) of TADA Act ... Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1-A), (1-B)(a) of the Arms Act, 1959, Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage ... endanger the lives and for causing serious damage to property in India and to enable his co-conspirators to do such acts. 5) The appellant (A-1) has been convicted and sentenced for the above said charges as follows:- (i) The appellant-A1 has been convicted and sentenced to death under Section 3(3) of TADA and Section 120-B of IPC read with ...

May 09 2014

Chandra Prakash Vs. State of Rajasthan

  • Decided on : 09-May-2014

Court : Supreme Court of India

... offences under Section 120-B read with Sections 307 and 427 IPC, under Section 3 of the Prevention of Damage to Public Property Act, 1984 and under Section 3 of the Explosive Substances Act, 1908 (for short the 1908 Act ) and also under Section 9B of the Explosive Act, 1884 (for brevity the 1884 Act ) were ... Public Works Department, who was passing nearby, had met with an injury on his ear for which he was immediately sent to the hospital. On the basis of the FIR, offences under Section 120-B read with Sections 307 and 427 IPC, under Section 3 of the Prevention of Damage to Public Property Act, 1984 and under Section 3 of the Explosive Substances Act, 1908 (for short the 1908 Act ) and also under Section ... Section 9B of the 1884 Act and under Sections 3, 4, 5 read with Section 6 of the 1908 Act. As far as Abdul Mateen is concerned, he was charged with the offences under Section 14 of the Foreigners Act, 1946, under Sections 3, 4 and 5 of the 1908 Act, under Section 9B of the 1884 Act, under Section 3 of the Prevention of Damages to Public Properties Act and under Sections ... Act, 1946, under Sections 3, 4 and 5 of the 1908 Act, under Section 9B of the 1884 Act, under Section 3 of the Prevention of Damages to Public Properties Act and under Sections 307, 118, 435 and 456 IPC. As far as Raies Beg and Abdul Hamid are concerned, they were faced with similar charges, namely, under Section 9B of the 1884 Act, under Sections 3, 4 and 5 read with Section 6 of the 1908 Act and under Sections ...

Aug 06 2003

Ajay Singh (In Jail) Vs. State of U.P. and Anr.

  • Decided on : 06-Aug-2003

Court : Allahabad

Reported in : 2003(4)AWC3340

... section under special Act on the basis of the same act or omission which amounted to an offence punishable under Sections 147, 148, 149, 307, 427, 302, 504, 336, L.P.C. and Section 7 of Criminal Law Amendment Act and 3/4 of Prevention of Public Property and Damages Act but even then if a person operates in a gang for commission of that offence, he can be punished separately under Section 3 ... at admission stage.3. It appears that the petitioner was bailed out by this Court in Crime No. 184 of 2003, under Sections 147, 148, 149, 307, 427, 302, 504, 336, I.P.C. and Section 7 of Criminal Law Amendment Act and 3/4 of Prevention of Public Property and Damages Act. After a period of four months, a new Section 3 (1) of U. P. Gangster Act was added ... Sections 147, 148, 149, 307, 427, 302, 504, 336, L.P.C. and Section 7 of Criminal Law Amendment Act and 3/4 of Prevention of Public Property and Damages Act but even then if a person operates in a gang for commission of that offence, he can be punished separately under Section 3 (1) of the U. P. Gangster Act in addition to the offence punishable in the aforesaid sections. ... act or omission which amounted to an offence punishable under Sections 147, 148, 149, 307, 427, 302, 504, 336, L.P.C. and Section 7 of Criminal Law Amendment Act and 3/4 of Prevention of Public Property and Damages Act but even then if a person operates in a gang for commission of that offence, he can be punished separately under Section 3 (1) of the U. P. Gangster Act ...

Jan 08 2009

State of H.P. Vs. Bishan Dass and Ors.

  • Decided on : 08-Jan-2009

Court : Himachal Pradesh

Reported in : 2009CriLJ1926,2009(1)ShimLC304

... as the offence under Section 3 of the Prevention of Damage to Public Property Act, 1984 is concerned, the learned trial Court has totally misdirected itself. Section 3 of the Act reads as follows:3. Mischief causing damage to public property.(1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in Sub-section (2), shall be punished ... that the water tank had been constructed and the same was damaged by the four accused persons. Therefore, they are clearly guilty of damaging public property and have committed an offence within the meaning of Section 3(2)(a) of the Prevention of Damages to Public Property Act, 1984. This Section provides that the imprisonment may be upto 5 years and there ... , whereby he acquitted all the accused of having committed offences punishable under Sections 379, 430 IPC read with Section 34 IPC and under Section 3 of the Prevention of Damage to Property Act, 1984 (hereinafter referred to as the Act).2. On 3.3.1999, PW3 Sanjiv Kumar, Assistant Engineer, Irrigation & Public Health (IPH) Department Sub-Division, Kumarsain, filed a written complaint Ex ... sentence of imprisonment for a term of less than six months.11. A bare perusal of this Section shows that whoever commits mischief by destroying or damaging public property, is liable for punishment. In case the property is used in connection with production and distribution or supply of water then the minimum punishment prescribed ...

Jun 29 2012

Balamurali And Ors. Vs. State by Inspector of Police

  • Decided on : 29-Jun-2012

Court : Chennai

... accused 1 to 7, 9 and 10 under Sections 148, 448, 506(i) IPC and 3(1) of Tamil Nadu Public Properties (Loss and Damage) Prevention Act, against A1 under Section 323 IPC. In Ex.P1 complaint, it was specifically mentioned as follows:Admittedly, no charge has been framed against the accused under Section 341 IPC. At the time of questioning under Section 313 Cr.P.C., in question No ... the offence under Section 341 IPC and imposed a fine of Rs.300/- each in default in payment to undergo one month simple imprisonment.2. The respondent police has filed a final report against the accused herein along with ten others under Sections 147, 448, 323 and 506(i) IPC and Section 3(1) of Tamil Nadu Public Properties (Loss and damage) prevention Act read with Section 149 IPC, stating ... police station, who received the same at 5.00 p.m. and registered a case in Crime No.136/2000 under Sections 147, 341, 336, 448, 427 and 506(i) IPC, 193 read with Section 3 of Tamil Nadu Public Properties (Loss and Damage) Prevention Act. He prepared the printed F.I.R. Ex.P4 and then he sent P.W.7/Sunil Kamath to the Government Hospital ... under Section 341 IPC. Hence, he prayed for dismissal of the appeal.8. Considered the rival submissions made on both sides and the materials available on record.9. On perusal of the record, the charges have been framed against the accused 1 to 7, 9 and 10 under Sections 148, 448, 506(i) IPC and 3(1) of Tamil Nadu Public Properties (Loss and Damage) Prevention Act, against ...

Jul 13 2007

Sanjay Kumar Vs. The State of Bihar

  • Decided on : 13-Jul-2007

Court : Patna

... section of the prevention of Damage of Public Property Act, 1984. Section 3(1) of the Act runs as follows:3. Mischief causing damage to Public property. - (1) Whoever commits mischief by doing any act in respect of any public property, other than public property of the nature referred to in Sub-section (2), shall be punished with imprisonment for a term which may extend to five years and with fine. 6. Mischief has been defined in Section 2 of the Act ... learned Counsel that prosecution of the petitioner under the above provision of Prevention of Damage of Public Property Act, 1984 is misuse of process of the court. No case is made out under Section 3 of the said Act of 1984, No mischief was committed nor any damage was done to any public property, it is further submitted that this petitioner was not responsible for ... and Posters on electric pole. Nothing has been mentioned in the F.I.R. to show that any damage and destruction was caused to the electric pole. Thus, apparently, no ingredient of Section 3 of the Prevention of Damage of Public Property Act, 1984 is attracted in this case.9. Thus, having regard to the facts and circumstances of the case ... Patna in Kotwali P.S. Case No. 436 of 2002 thereby cognizance under Section 3 of prevention of Damage of Public Property Act, 1984 has been taken against this petitioner and others.2. Heard the learned Counsel for the petitioner as well as the learned Counsel for the State.3. It appears from the fardbevan that on 9.12.2002, the informant ...

Jan 12 2011

PRAFUL BHAILO DHANJIBHAI Vs. STATE OF GUJARAT.

  • Decided on : 12-Jan-2011

Court : Gujarat

... The applicant accused is charged with having committed offence under Sections 397, 395, 332, 427, 323, 504 & 506(2) of IPC and under Section 3(1)(c) of Prevention of Damages to Public Property Act, 1984 and Sec. 135 of Bombay Police Act for which FIR being C.R.No. I-41/2010 has been registered with Bhanwad Police Station.3. Learned counsel Mr. Kamal Sojitra submitted that considering ... under Section 439 of Code of Criminal Procedure after the charge-sheet is filed, which is a successive bail application after Criminal Misc. Application No.11985 of 2010 was withdrawn.2. The applicant accused is charged with having committed offence under Sections 397, 395, 332, 427, 323, 504 & 506(2) of IPC and under Section 3(1)(c) of Prevention of Damages to Public Property Act, 1984 and Sec ... occurred. He, therefore, submitted that present application may be allowed.4. Learned APP Mr. Kartik Pandya resisted the application and submitted that when the police personnel tried to prevent the gambling, the accused attacked.5. Having heard the learned Advocate Mr. Sojitra for the applicant and learned APP Mr. Kartik Pandya and having considered the nature of ... not take undue advantage of his liberty or abuse his liberty.(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.(c) not act in any manner injurious to the interest of the prosecution.(d) maintain law and order and should cooperate with the investigating officers.(e) mark his presence before concerned ...

Sep 22 1999

Bhaskar @ Prabaskar and Ors. Vs. State Represented by Inspector of Pol ...

  • Decided on : 22-Sep-1999

Court : Supreme Court of India

Reported in : AIR1999SC3539; 1999(2)ALD(Cri)903; 1999CriLJ4556; JT1999(7)SC355; 1999(6)SCALE165; (1999)9SCC551; [1999]Supp3SCR114

... the appellant.3. Appellant was challenged before a Designated Court at Madras (now Chennai) which was constituted under the Terrorist and Disruptive Activities (Prevention) Act 1987 ('TADA' for short). The Judge of the Designated Court framed the charge against him for offences under Section 302 read with Section 120B IPC and Section 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, besides Sections 3 and 5 ... Section 302 read with Section 120B IPC and Section 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, besides Sections 3 and 5 of TADA. During the progress of the trial the appellant was released on bail and he continues to be at large on the strength of the said bail order.4. When the period of TADA expired by efflux of time the Public ... be made by the Government only with the concurrence of the Chief Justice of the High Court. Section 14 of TADA which deals with the procedural powers of the Designated Court stipulated in Sub-section (3) that 'subject to the other provisions of this Act, a Designated Court shall, for the purpose of trial of any offence, have all the powers of ... by efflux of time the Public Prosecutor seems to have withdrawn the offences under TADA from the present prosecution. More than that, the Designated Courts under TADA in the State of Tamil Nadu were closed down after the expiry of the said period, although such courts could still have continued to function by virtue of Section 1(4) of TADA. ...

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