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1. The case of the prosecution is that on 13.05.2011 at about 3:00 PM, at House No. Flat No. B-4/493, Police Colony, Narela, within the jurisdiction of PS Alipur, the accused Ashok Chauhan FIR No. 165/2011 PS Alipur State v. Ashok 1/14 obstructed public servants SI Sandeep Tushir and SI Neeraj while they were discharging their official duties, wrongfully restrained them, assaulted them, used criminal force to deter them from duty and caused them simple injuries while he was under the influence of liquor, thereby committed the offences punishable under sections 186/353/332/341 IPC.
FRAMING OF CHARGE
2. On appearance, the accused was supplied with the copies of chargesheet and supporting documents. Upon finding sufficient material on record against the accused, charges were framed for the offences punishable under sections 186/353/332/341 IPC against him on 02.04.2013. The accused pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
3. In order to prove its case, the prosecution examined nine witnesses. Before proceeding further, this court deems it appropriate to discuss the gist of testimonies of the following prosecution witnesses :-
7. Thereafter, accused did not examine any other witness. Accordingly, defence evidence was closed and the matter was posted for final arguments, which were heard on 13.12.2025.
8. I have given due consideration to the submissions made on behalf of both the parties and have perused the record thoroughly.
ISSUE AND LAW
9. Based on the charge framed and testimonies of the prosecution witnesses, the primary issue in this case is :
Whether the accused Ashok Chauhan obstructed public servants SI Sandeep Tushir and SI Neeraj while they were discharging their official duties, wrongfully restrained them, assaulted them, used criminal force to deter them from duty and caused them simple injuries, thereby committing offences punishable under sections 186/353/332/341 IPC?
19. Thus, the conduct of the accused in physically confronting and preventing them from freely performing their lawful duties at FIR No. 165/2011 PS Alipur State v. Ashok 11/14 the spot, satisfies ingredients of the offences u/s 353, 332 & 341 IPC.
20. The timeline of the event also add weight to the case of the prosecution. The first PCR call Ex.PW5/A was recorded at 2:40 PM. The subsequent information regarding physical assault was recorded vide DD no. 31A at 4:52 PM and the medical examination of the injured police officials was done at 5:40 PM. All these events occurred on the same day and within a short span of time, which rules out the possibility of any collusion. Further, the legal requirement of the complaint under section 195 Cr.P.C Ex.PW7/A has been duly proved by PW-7, the then ACP concerned.