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Showing contexts for: under section 353 IPC in State Of U.P. vs Mukhtar Ansari on 21 September, 2022Matching Fragments
7. After completing the investigation, charge-sheet against the accused-respondent was filed under Sections 353, 506, 504 IPC, 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act (for short 'the Gangsters Act') on 08.06.2003. Thereafter, on 05.02.2005 a supplementary charge-sheet No.137 of 2003 under Sections 353, 506, 504 IPC was submitted in the Court. Learned Magistrate took cognizance on Charge-sheet No.137 of 2003 arising out of Case Crime No.131 of 2003 under Sections 353, 506, 504 IPC.
22. P.W.-7, Inspector Ganesh Singh, deposed that on 28.04.2003 he was posted as S.S.I. in Alambagh Police Station. He conducted the investigation of the Case Crime No.131 of 2003 under Sections 353, 504, 506 IPC. He received the copy of the FIR to conduct the investigation. On the said date, he recorded statement of the complainant, Mr. S.K. Awasthi. He inspected the place of incident, prepared site plan, which was marked as Exh-Ka-4. He recorded the statement of Chief Warden, Rudra Bihari Srivastava and Radhey Shyam, eye witnesses. He also recorded the statement of Deputy Jailer, Shailendra Pratap Singh and after having sufficient evidence against the accused-Mukhtar Ansari, he prepared charge-sheet under Section 353, 504, 506 IPC, 2/3 of the Gangsters Act. He submitted charge-sheet No.134 of 2003 in the Court, which was in his writing and signature. This was marked as Exh Ka-5. He prepared supplementary Parcha No.SCD-5 and from supplementary SCD-6 to 13 were completed by Smt. Indu Srivastava. Supplementary charge-sheet was submitted under Section 353, 504, 506 IPC in the Court, which was marked as Exh-Ka-6.
If an accused uses criminal force against a public servant with an intention to prevent him or deter that public servant from discharging his duty as public servant then, he would commit offence under Section 353 IPC, he may be punished for said offence up to 2 years or with fine or with both."
40. Criminal intimidation is defined under Section 503 IPC which reads as under:-
"503. Criminal intimidation.--Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation.--A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation."
59. In view of the foregoing discussion, present appeal is allowed. Impugned order dated 23.12.2020 passed by Special Judge, M.P./M.L.A., Additional Sessions Judge, Court No.19, Lucknow is set aside. The accused-respondent is convicted for offences under Sections 353, 504, 506 IPC. He is sentenced for offence under Section 353 IPC to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/-. For offence under Section 504 IPC, he is sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.2,000/-. For offence under Section 506 IPC, the accused is sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.25,000/-. All the sentences would run concurrently.