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Showing contexts for: under section 353 IPC in T G Ravi vs State Of Karnataka on 14 January, 2026Matching Fragments
Therefore, the offence under Section 341 of the IPC is loosely laid against the petitioner.
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NC: 2026:KHC:2189 HC-KAR
12. The next offence is the one punishable under Section 353 of the IPC. The interpretation of Section 353 of the IPC need not detain this Court for long or delve deep into the matter. The Apex Court in its latest judgment in the case of HARI NANDAN SINGH v. STATE OF JHARKHAND2, while quashing the criminal case registered against the petitioners therein, holds that an offence under Section 353 of the IPC is not made out in the absence of assault or use of force. The Apex Court observes as follows:
18. Applying the aforesaid judgment to the present case in light of what has been extracted above as the relevant portion of the First Information Report in light of the offence alleged as against the appellant herein, we do not find that any ingredients of the offences alleged as against the appellant herein find place in FIR registered as against him.
19. A bare perusal of Case No. 140 of 2020 reveals that the essential ingredients of the offences alleged against the appellant under Sections 353, 298, and 504 IPC are not made out. Evidently, there was no assault or use of force by the appellant to attract Section 353 IPC. Therefore, the High Court ought to have discharged the appellant under Section 353 IPC. Further, the appellant is accused of hurting the religious feelings of the informant by calling him "Miyan-Tiyan" and "Pakistani."
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13. Subsequently, the Apex Court in the case of UMASHANKAR YADAV AND ANOTHER v. STATE OF UTTAR PRADESH, THROUGH CHIEF SECRETARY AND ANOTHER3, lays down the essential ingredients to constitute an offence under Section 353 of the IPC and observes as follows:
"17. The moot issue is do the uncontroverted allegations as narrated in the chargesheet disclose the ingredients of offences under Sections 186 and 353 IPC ?
25. Given this situation, we can safely conclude uncontroverted allegations in the chargesheet do not disclose the ingredients of offence under Section 353 IPC."
(Emphasis supplied)
15. In the light of the afore-quoted judgments of the Apex Court, which clearly indicate what would become an offence punishable under Section 353 of the IPC, the
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NC: 2026:KHC:2189 HC-KAR allegations would not be met even to its semblance, as the petitioner has not by use of criminal force stopped the complainant, a public servant from performing his official duty.