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Sachin vs State (Nct Of Delhi) on 23 August, 2017

25. Since the complaint under section 195 Cr. P.C not proved, the charge for the offences punishable under section 186 fails as for proving the offence under section 186 IPC, the complaint under section 195 Cr. P.C, is required to be proved. Perusal of the record (the original complaint) reveals that the allegations in respect to the alleged offence punishable under section 353 IPC are inextricably connected and is an offshoot of section 186 IPC. Thus, in light of the law laid down by Hon'ble Delhi High Court, in case titled as Sachin v State (NCT of Delhi), 2019 (3) JCC 3031, once it is held that the allegations as to the offence punishable under section 353 IPC as contained in the FIR, in essence fall in the nature of the offence punishable under section 186 IPC , then in such case, once the prosecution for the offence under section 186 IPC fails, for want of compliance of section 195 Cr. P.C, and as such, the prosecution for the offence under section 353 IPC, which is an offshoot of section 186 IPC also fails.
Delhi High Court Cites 24 - Cited by 4 - G S Sistani - Full Document
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