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Arvind Singh Chauhan (advocate)     26 January 2010

PUBLIC NUISANCE

Sir whether soughting on road after consuing wine is offence under 290, 291 IPC. Accused is caught by police in such condition and being tried under these sections. Sir my query is whether leagally, it comes under the definition of Nuisance. Sec 291 says if the nuisance is repeated after the injunction issued by law full authority. If We see the Sec 143 Only DM or SDM are authorise to issue injunction for the offences of IPC. Whether police sepoy are authorise to issue injunction. They only say that we said to accused not to do such but he continued even after their order. I know accused behaviour is not legal but whether in the light of IPC 290, 291 he is an offender. If not please refer some case law. Accused is realising his mistake he was under impression of wine first time in life. He doesn't want to be convicted or fined due to his bright acadamic future.



Learning

 1 Replies

Arvind Singh Chauhan (advocate)     26 January 2010

I am correcting my query that Sec 143 is of Cr.P.C.


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