dated 21.01.2021, under Sections
124-A, 153-A, 505 read with Section 120-B of Indian Penal code and
under Section 3 of Police (Incitement ... case much less under Sections 124-A, 153-A, 505 read with
Section 120-B of Indian Penal Code and under Section 3 of Police
under
Sections 504 , 505(2) and 153A of the Indian Penal Code,
1860 (for short ' IPC ') and Section ... observations with
respect to the constitutionality of Section 505 of the
Indian Penal Code. With reference to each of the three
clauses of the section
offence punishable under Sections 120(B) and 505(1)(B) of
the Indian Penal Code, 1860; section 54 of the Disaster
Management Act and section ... observations with
respect to the constitutionality of Section 505 of the
Indian Penal Code. With reference to each of the three
clauses of the section
offences punishable under Sections 153 , 505(1)(B), 505(2)
read with Section 34 of IPC produced as per Annexure ... alleging
commission of offences punishable under Sections 153 ,
505(1)(B), 505(2) read with Section 34 of IPC.
5. It is alleged
2024
registered for the offence punishable under Section 505(2)
of Indian Penal Code, 1860.
3. The petitioner is a member of the Legislative
Assembly ... same
amending Act sub-section (2) was added to Section
505 of the Indian Penal Code. Clauses (a) & (b) of
Section 153A and Section
termed as a "section of the public" used in the context of
Section 505(1)(b) IPC. The participants of such ... within the meaning "section of the public" used in the
context of Section 505(1)(b) IPC
offence under Section
153A of I.P.C and equally mens rea is necessary to postulate for the
offence under Section 505(2) IPC ... further the common feature in both
Section i.e., Sections 153A and 505(1)(c) of I.P.C., being promotion of
feeling of enmity
Nampally, Hyderabad, registered for the offences punishable
under Sections 336 and 505 of the Indian Penal Code, 1860
(for short ' IPC ... said section is not applicable to the
petitioner.
9. The petitioner was also charged with the offense
punishable under Section 505 of IPC
offence under Sections 120B , 153A , and 505 of
the Indian Penal Code; under Sections 18 , 20 , 38 and 39 of the Unlawful
Activities (Prevention ... alleged offences under
Sections 120B , 153A , 505 of the Indian Penal Code and Sections 18 , 20 , 38
and 39 of the Unlawful Activities (Prevention
held that the common feature in both the
Sections, viz., Sections 153A and 505 (2), being promotion
of feeling of enmity, hatred or ill-will ... attract either of the two Sections."
30. Thus to attract the offences under Sections 153-A and 505
IPC
