Court to take cognizance of
an offence punishable under Section 186 , Indian Penal
Code, the precondition is a written complaint to be filed ... have taken cognizance of the offence punishable
under Section 186 , Indian Penal Code Statement made by
Constable Hukam Singh and as recorded under Section
186 IPC, physical obstruction is
necessary. Section 186 IPC is applicable to a case where the accused
voluntarily obstructed the public ... complaint u/s 195 CrPC regarding the said incident for the
offence u/s 186 IPC was filed by PW30 Insp. Roshan
Cr.P.C there
is complete bar for taking cognizance of an offence punishable under
Section 186 IPC in the absence ... section 2 of Section 173 Cr.P.C. It is clear that
for the offence u/s. 186 IPC, the Court cannot take
offence punishable under sections 172 to 188 (both inclusive) of the
Indian Penal Code (45 of 1860), except on the complaint in writing ... IPC and u/s. 353 IPC IPC and acquitted
of offence u/s 186 IPC
District: Mehsana for the offence punishable
under sections 186 read with 504 of the Indian Penal Code .
3. On 6th December, 2012, the following order ... allegation is
about alleged offence in connection with Section 186 of
the Indian Penal Code and that therefore, the
complaint/FIR under Section
following offences:
i. Section 120-B Indian Penal Code ( IPC ).
ii. Section 120-B IPC read with Section 5 of Delhi ... IPC read with Section 307 IPC and also under Section
307 IPC.
vii. Section 120-B IPC
accused
persons. Complaint under Sec. 195 CrPC has also been proved on record.
Though, charge under Sec. 186 IPC has not been framed ... punishable u/s. 186 IPC, if evidence u/Sec. 353/307 IPC is found trustworthy.
Section 186 IPC provides
IPC
6. Plea of accused Pleaded not guilty
7. Final order Convicted u/s. 353 / 506 IPC
Acquitted u/s. 186 ... cr.p.c. As there is no complaint u/s.
195 cr.p.c. the cognizance of the offence punishable u/s. 186 IPC
same
as those constituting the charge under s. 186 , Indian Penal
Code but it cannot be ignored that s. 186 and 353 , Indian Penal
Code ... ingredients of the two offences are
also distinct. Section 186 , Indian Penal Code is applicable to a
case where the accused voluntarily obstructs a public
period of three months for offence
punishable under section 186 IPC, rigorous imprisonment for the
period of three years for offence punishable under ... imprisonment of 3 months for an offence
punishable under section 186 IPC, rigorous imprisonment for one
year punishable under section 332 IPC
