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2001 Supreme(Mad) 1526

A.R.SOMNATH IYER
Muddu Suvarna – Appellant
Versus
State of Mysore – Respondent


Advocates:
N. Santhosh Hegde, Advocate appeared for Petitioner.
L.G. Havanur, High Court Government Pleader and Ex-Officio Public Prosecutor appeared for State.

Order.-

The offence with which the petitioner was charged was that he used indecent language and behaved indecently towards P.W. 1 Laxmana and P.W. 2 Sheenappa in the premises of a Government hospital in Udipi and that he had therefore committed an offence punishable under section 92 (1) (e) of the Mysore Police Act, 1963.

There are at least two reasons why the conviction of the petitioner by the Magistrate is liable to be set aside. The first is that an offence is committed under section 92 (1) (c) of the Mysore Police Act (Mysore Act No. IV of 1963) only when the act to which that clause refers is committed in contravention of a notification in the official Gazettee by which the provisions of sub-section (1) of section 92 are extended to a local area. That clause reads:

“92. Punishment of Certain Street Offences and Nuisance:

(1) In any local ara to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto, * * * *

(c) wilfully and indecently exposes his person, uses indecent language or behaves indecently or riotoustly or in a disorderly manner in a street or place of public resort, or in








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