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1 - 8 of 8 (0.30 seconds)The Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003
The Food Safety And Standards Act, 2006
Section 353 in The Indian Penal Code, 1860 [Entire Act]
S.Harinath vs State Of Ap on 18 December, 2019
In this regard, relying on the decision rendered by the
High Court of Andhra Pradesh at Amaravati in Jaganath
Enterprises, Eluru v. State of A.P., through SHO, Pamur P.S.,
Prakasam District2, learned counsel for the petitioner herein
would submit that the complaints/charge sheets lacks the
ingredients of offence under Section -353 of IPC and, therefore, the
proceedings for the said offence are also liable to be quashed.
Mohd. Jameel Ahmed vs The State Of Telangana And Another on 5 July, 2021
12. Following the Common Order in Mohd. Jameel
Ahmed (Supra) and the Common Order dated 10.06.2022 in
Crl.P. No.5619 of 2020 and batch, all these Criminal Petitions are
allowed quashing the proceedings in the respective
Crimes/Calendar Cases/Sessions Cases against the respective
petitioner (s) - accused.
The Code of Criminal Procedure, 1973
Durgacharan Misra vs State Of Orissa & Ors on 27 August, 1987
9. Further, in Durgacharan v. State of Orissa3, the Hon'ble
Apex Court held that under Section - 353 of IPC, the ingredients of
assault or use of criminal force while the public servant is doing his
2
. 2020 (1) ALT (Crl) 215
3
. AIR 1966 SC 1775
KL,J
Crl.P. No.370 of 2021 & batch
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duty as such is necessary. It was also held that mere use of force,
however, is not enough to bring an Act within the terms of Section
353 of IPC. It has further to be shown that force was used
intentionally to any person without that person's consent in order to
commit an offence or with the intention or with the knowledge that
the use of force will cause injury, fear or annoyance to the person
against whom the force is used. In the case on hand, perusal of the
record would reveal that there were no injuries caused out of the
force alleged to have used by the petitioner injuries were caused.
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