prosecution under
s. 353 , Indian Penal Code, was also barred by s. 195
Criminal Procedure
Code .
HELD : Sections 186 and 353 , Indian Penal Code, relate ... Indian Penal Code. The High Court, however, held that there
was no satisfactory evidence to convict the appellants under
ss. 143 / 402 , Indian Penal Code
2017 20:29:06 :::HCHP
5
11. Section 186 of the Indian Penal Code reads as under:
"186. Obstructing public servant in discharge ... Criminal
rt
Procedure Code which lays down that no Court shall take any
cognizance of an offence under Section 186 . I.P.C . except
same
as those constituting the charge under s. 186 , Indian Penal Code but
it cannot be ignored that section 186 and 353 , Indian Penal Code ... provisions of Section 353 ,Indian Penal Code would equally
apply to the provisions of Section 332 of the Indian Penal Code
contained under chapter X of Indian Penal
Code , regarding contempt of lawful authority of which Section 186
IPC is relevant Section. The requirement ... these
two Sections that Section 186 IPC is recorded under Chapter X of
the Indian Penal Code containing the Provisions of committing
based
upon the same facts as the charge under s. 186 ,
Indian Penal Code and no cognizance could be taken
of the offence under ... 186 , Indian Penal Code
unless there was a complaint in writing as
required by s. 195(1) of the Criminal Procedure
Code. It was argued
condition for registering a case under Section 186
Indian Penal Code and it is so envisaged under Section 195 Criminal
Procedure Code ... Court to take cognizance of an
offence punishable under Section 186 , Indian Penal Code, the
pre-condition is a written complaint to be filed
Page No. 6 of 33
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120B/332/353/186 IPC against the accused Praveen Vats; charge ... IPC
Sanction
28. Qua the offence u/s 186 IPC alleged to have been committed by
accused Praveen Vats
prosecution has also been
able to prove the offence U/s 186 IPC in this case.
18. Per contra, Ld defence counsel vehemently ... filed before the Court in respect of offence U/s
186 IPC as stipulated by Section 195(1)(a)(i)
Cr.PC given by him as ACP Punjabi Bagh, for prosecuting accused persons in
respect of offence U/s 186 IPC ... prosecution has also been able to prove the offence U/s
186 IPC in this case.
Per contra, Ld defence counsel vehemently argued
Cr.PC Ex. PW2/A for
prosecuting accused Narender Kumar for the offence punishable U/s 186
IPC .
In his cross examination ... filed before the Court in respect of offence U/s
186 IPC as stipulated by Section 195(1)(a)(i)
