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

Jan 24 2011

ANAS ABDUL RASHID MACHISWALA. Vs. STATE OF GUJARAT.

  • Decided on : 24-Jan-2011

Court : Gujarat - Ahmedabad

... appellants in the commission of offence punishable under Sections 3[1], 3[3] as well as Section 4 read with Section 3[3] of POTA, under Section 120-B of IPC, Section 307 read with Section 120-B of IPC, under Section 4 of Explosive Substance Act, under sections 3 and 4 of the Prevention of Damage to Public Property Act as well as under Section 135[1] of the Bombay Police Act. Learned Special Judge [POTA] placed reliance on ... for the offence punishable under Sections 120-B, 307 read with Section 120-B as well as under Sections 3,4,20,21[2][b], 22[3] A.B. of POTA; under sections 4 and 6 of Explosive Substance Act and under sections 3 and 4 of the Prevention of Prevention of Damage to Public Property Act as well as under Sections 130 and 135[1] of the Bombay Police Act. As per the ... for the offence punishable under Sections 120-B, 307 read with Section 120-B as well as under Sections 3,4,20,21[2][b], 22[3] A.B. of POTA and under sections 4 and 6 of Explosive Substance Act and under sections 3 and 4 of the Prevention of Damage to Public Property Act as well as under Sections 130 and 135[1] of the Bombay Police Act. All the accused ... under Sections 3,4,20,21[2][b], 22[3] A.B. of POTA and under sections 4 and 6 of Explosive Substance Act and under sections 3 and 4 of the Prevention of Damage to Public Property Act as well as under Sections 130 and 135[1] of the Bombay Police Act. All the accused pleaded not guilty to the charge levelled against them and they claimed to be tried.3. ...

Feb 06 2007

Sahansar Pal Vs. The State of N.C.T. of Delhi

  • Decided on : 06-Feb-2007

Court : Delhi

Reported in : 138(2007)DLT199

... (PW-5), towards prosecuting him of the offences under Section 307 IPC.2. Briefly stated facts are that on allegations of commission of offences under Sections 307/147/149/34 IPC and Sections 3/4 of Prevention to Damage of Public Property Act, five persons were named as accused in a First Information Report (FIR No. 280/1998).3. The accused were allegedly involved in the offences by ... not deem it appropriate to take the course available to it under Section 319 Cr.P.C.9. Learned Counsel for the respondent State submitted that even though the trial court's conclusions about the necessity to take some action against the petitioner might be warranted it acted beyond its jurisdiction in issuing the impugned directions. Counsel contended that having ... take some action against the petitioner might be warranted it acted beyond its jurisdiction in issuing the impugned directions. Counsel contended that having concluded that the petitioner improperly or illegally did not support the version of the prosecution, the proper course would have to be to adopt the procedure under Section 344 Cr.P.C. Learned Counsel relied upon ... in the commission of crime by conspiracy, abetment and or actual commission of the same offence as charged against the accused persons in this case. The offence punishable under Section 307 IPC is punishable up to life imprisonment and other offences are also punishable exceeding three years imprisonment, thereforee, there is no limitation of time for prosecuting the offender ...

Apr 20 2005

Anirudha S. Bhagat Vs. Ramnivas Meena and Anr.

  • Decided on : 20-Apr-2005

Court : Mumbai

Reported in : 2005(4)MhLj41

... F.l.R. came to be lodged by the Circle Police Inspector, Daman on 28-8-2003 under Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 as well as Sections 304A, 337 and 338 of Indian Penal Code. The petitioner is a Chairman and Managing director of a ... prevents the police officer to summon the person even though at the time of issuance of the summons, the person is found to be either residing or carrying business beyond the territorial limits of the police station to which the Investigation Officer is attached to. Any other interpretation of Section ... the order under Section 160 of the Code of Criminal Procedure is without jurisdiction. The order did not proceed from a public servant legally competent as such public servant to issue it. Accordingly, no offence can be said to have been committed within the purview of Section 174 of ... public servant legally competent as such public servant to issue it. Accordingly, no offence can be said to have been committed within the purview of Section 174 of the Indian Penal Code.' Apparently decision is not on the point sought to be argued before this Court. It was on the point that in order to investigate in relation to the offence under Section ... not attend the police station in compliance with the order. Consequently a challan was entered by the Assistant Public Prosecutor against the petitioners in respect of an offence under Section 174 of the Indian Penal Code. Summonses were issued to the petitioners which were sought to ...

Apr 05 2011

Dilip Kumar Vs. State Of U.P. And Others

  • Decided on : 05-Apr-2011

Court : Allahabad

... public land. His principal contention was that by getting construction made on public land, no offence under section 3 or 4 of the Prevention of Damage to Public Property Act, 1984, (hereinafter Public Property Act), is disclosed. We are not in agreement with this submission. Section 3 consists of two parts. The first part 3 (1) refers to any mischief by doing any act in respect of any public property, other than public property of the nature referred to in sub-section ... section 2 (a) of the Public Property Act. The definition of "mischief" is to have the same meaning as given under section 425 of the Indian Penal Code (45 of 1860). Section 425 of Indian Penal Code defines mischief thus:"Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public ... Public Property Act. The definition of "mischief" is to have the same meaning as given under section 425 of the Indian Penal Code (45 of 1860). Section 425 of Indian Penal Code defines mischief thus:"Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property ...

May 02 2003

Dayashankar Chandrashekhar Tiwari and Ors. Vs. Municipal Corporation o ...

  • Decided on : 02-May-2003

Court : Mumbai

Reported in : 2003(3)ALLMR1095; 2003(6)BomCR689

... punishable under section 3 of the Prevention of Damage to Public Properties Act vide Crime No.3050 of 2002 and the same is registered with Kotwali Police Station.'(d) According to the petitioners, after the House was adjourned on 25.3.2003 on the same day, the Secretary of the Nagpur Municipal Corporation issued a notice convening the adjourned meeting at 2.00 P.M. on 29.3.2003 ... being made, each of the petitioners will be entitled to Rs.1,000/- therefrom and the balance may be withdrawn by the Commissioner, Nagpur Municipal Corporation to compensate for damage suffered to public property.27. The attendance register and the Minute book be returned to the Municipal Council and other original documents be kept in the sealed cover along with the record of ... of adjournment to vote as any fair Presiding Officer ought to have done.20. As regards the meeting dated 29.3.2003, since the violation alleged to Section 32 of the Act, it is necessary to reproduce Section 32, which is as under :Section 32. Prevention of order.(1) The presiding authority shall preserve order and may direct any Councillor whose conduct is in his opinion ... in blatant violation of the rules of fairness and were done by an officer, who was enjoined upon with a duty to act properly and fairly. The impugned acts resulted in tearing of the democratic fabric and wastage of public money and property. The person held responsible must be accountable. In the facts and circumstances, we impose heavy costs on Respondent No.2 the ...

Apr 26 1995

Rajendra Singh and others Vs. Union of India and others

  • Decided on : 26-Apr-1995

Court : Allahabad

Reported in : AIR1995All430

... of other teachers, who were assisting him in torturing the students, lodged and F.I.R. at the police Station under Sections 147, 148, 436, 342, 487 and 506, IPC read with Section 3/4 of the Prevention of Damage to Public Properties Act and the police investigated into the matter and a final report was submitted against all the students of class IX, X and ... very vague reply was submitted in the counter affidavit. A stress has been laid in the counter affidavit that the students beat the teachers, looted their property and damaged their belongings and also destroyed Vidyalaya property such as tube lights fans bulbs, T.V. furnitures, coolers, almirahs, toilet sinks and other items.10. In the counter affidavit the present Principal Dr. ... consented to decide the petition finally.13. I have heard the learned counsel for the parties at length.14. The question for consideration before this Court is whether the public educational institutions, which are supposed to be ideal institution, financed and run under the guidance and scheme of the Ministry of Human Resources Development, be permitted to be mismanaged ... of Education Incharge Jawahar Navodaya Vidyalaya Samiti, Lucknow. It is said that the management of the local institution at Allahabad is under the chairmanship of the District Magistrate, Allahabad.3. According to the scheme and administration of the institution the students are required to maintain discipline and are to stay in the hostel provided by the Institution. They are ...

Jul 07 2006

Mohan Pandey and Ors. Vs. State of Bihar

  • Decided on : 07-Jul-2006

Court : Patna

... Essential Commodities Act for contravention of its its orders. The officer-in-charge has acted without following any procedure under the law and in haste got registered a case under Sections 420, 414 and 120B of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act 1984. By virtue of Section 6 of the Essential Commodities Act the orders made under the E.C. Act has ... registered a case under Sections 420, 414 and 120B of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act 1984. By virtue of Section 6 of the Essential Commodities Act the orders made under the E.C. Act has over riding effect on all other enactment which are inconsistent with as contrary to the provisions of the E.G. Act or any order framed ... for quashing the F.I.R. of Baikunthpur P.S. Case No. 35 of 2003 dated 17.4.2003 registered under Sections 420, 414 and 120B of the Indian Penal Code as well as Section 3 of the Prevention of of Damage to Public Property Act,1984.3. Petitioner No. 1 is the Manager of M/s Mamta Filling Station, Baikunthpur and other petitioners are staff of M ... the said tanker lorry. They also accepted their guilt relating to adulteration of kerosene oil of petrol/diesel. Their act is punishable under Sections 420, 414 and 120B of the Indian Penal Code as well as Section 3 of the preventions of Damage to the Public Property Act. They were arrested and brought to the police station.5. Counsel for the petitioners submits that owner of M ...

Nov 11 2002

R. Seshagiri Rao and Ors. Vs. University of Hyderabad and Anr.

  • Decided on : 11-Nov-2002

Court : Andhra Pradesh

Reported in : 2002(6)ALD720

... registered against the identified and name persons by the Registrar of the University, under various provisions of the Indian Penal Code as well as Prevention of Damage to the Public Property Act.16. On the next day i.e., on 11-1-2002, the Chief Warden, Deputy Chief Warden and two Wardens, who were ... petitioner No.6; in connection with the Crime No.21 of 2002, registered under Sections 147, 148, 452, 427, 334 read with Section 149 of the Indian Penal Code, and read with Section 3 of the PDPP Act, the other petitioners have surrendered before the concerned Judicial First Class Magistrate and were enlarged ... breach of natural justice, prejudice must also be proved has been developed in several cases. In K.L. Tripathi v. State Bank of India, : (1984)ILLJ2SC ; Sabyasachi Mukharji, J, (as he then was) also laid down the principle that not mere violation of natural justice but de facto prejudice ( ... , and without furnishing any reasons, in the interest of general public', in an action brought before it under Article 32 of the Constitution of India. One of the contentions of the petitioner was that Section 10(3)(c) of the Passport Act is void as conferring an arbitrary power since it does ... police that the matter will be amicably settled. It is not correct that the students damaged the property in the Chief Warden's Office. No student hurled stones.'The Executive Council, which met on 27-3-2002 considered the representations of the petitioners and, in fact, only four 6f the Executive ...

Apr 16 2012

Nataraj. Vs. State rep.by Inspector of Police And Ors.

  • Decided on : 16-Apr-2012

Court : Chennai

... by way of a Final Report under Section 173 Cr.P.C. on 02.04.2012 for the alleged offences under Sections 120-B r/w 147, 148, 302, 307, 506(ii), 323, 324 and 427 IPC and under Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992.7. In the counter ... further orders.However, it is made clear that the granting of bail by this Court to the petitioners will not prevent the respondent from filing an appropriate application under Section 173(8) of the Cr.P.C. for further investigation and it's consequential right to seek further custody ... Public Prosecutor is accepted in all those cases where a charge sheet is filed, the High Court cannot exercise its power under Section 439 Cr.P.C. Such an attempt if accepted would be disastrous as it would negate the very provisions contained under Section 439 Cr.P.C. Likewise the reliance made upon Section 309 also deserved to be rejected. Section ... Public Prosecutor cannot be accepted.Scope of Section 309 Cr.P.C.:22. The matter can be looked from a different angle as well. If the contention of the learned Special Public Prosecutor is accepted in all those cases where a charge sheet is filed, the High Court cannot exercise its power under Section ... complainant and his men. One of the person belonging to the group of the defacto complainant died and others injured. The properties of the defacto complainant was also damaged.5. A case was registered by the local police in Crime No.164 of 2006 and taken up for investigation. 14 ...

Jul 12 2012

P.Manibalan Mala. Vs. The State, Rep. By Inspector of Police

  • Decided on : 12-Jul-2012

Court : Chennai

... of the offenes under Sections 147, 148, 341, 324, 323, 332, 336, 307, 397 & 436 I.P.C., and Sections 3 & 4 of the Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992 by order dated 19.06.2012 in P.R.C.No.33 of 2012. Thus, according to the counter filed by the first respondent, this petition has become infructuous.3. But, the learned Senior ... and Driver and others proceeded to the Police Station and preferred complaint against 18 miscreants and others for offence under Sections 147, 148, 341, 324, 323, 332, 336, 307, 397 & 436 I.P.C., and Sections 3 & 4 of of Tamil Nadu Prevention of Public Properties Damages Act, 1992.7. The main ground urged for of quashing the proceedings is the delay of 12 years in filing the ... defacto complainant. Altogether there are 18 accused including the petitioners. The said case has been registered for offences under Sections 147, 148, 341, 324, 323, 332, 336, 307, 397 & 436 I.P.C., and Sections 3 & 4 of the Tamil Nadu Public Property (Prevention of Damages and Loss) Act, 1992. Seeking to quash the said F.I.R, the petitioners have come up with this petition.2. This ... Constitution of India. But in the case on hand, undoubtedly, the offences are not only grave but also heinous.15. As I have already narrated, the Bus which is a public property worth rupees several lakhs was burnt to ashes; the Conductor and Driver of the Bus were attacked indiscriminately with dangerous weapons; the passengers had to jump out of the Bus ...

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