that the petitioners have been booked for offence punishable under Section
186 IPC and the Trial Court framed charges vide order dated 27th ... Section 195 Cr.P.C. is to be taken into
consideration the same would hit at the most charge under Section 186 IPC
same as those constituting the charge under s. 186 ,
Indian Penal Code but it cannot be ignored that Sections 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
have been chargesheeted for
committing offence punishable under Section 186 / 353 / 120B
Indian Penal Code (45 of 1860) (hereinafter referred to as " IPC ... Cr.P.C. In the circumstances in my
opinion the cognizance of the offence punishable U/s 186 IPC is
bad. The accused
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 ... ingredients of the two offences are also
distinct. Section 186 , Indian Penal Code is
FIR No. 204/1999 State Vs. Rakesh PS : Dilshad Garden Page
same as those constituting the charge under s. 186 ,
Indian Penal Code but it cannot be ignored that Sections 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
CrPC there is an express bar for the court to take cognizance of
offence punishable u/s section 186 IPC and provides that ... requirements of section 195 CrPC is fatal to the prosecution
ifor offence punishable u/s 186 IPC." In the present case
trial for the
offences punishable u/s 186 , 353 , 332 r/w 34 of the Indian Penal Code ,
1860.
2. In brief, facts ... read alongwith
section 195 Cr.P.C. which inter alia provides that cognizance of the offence u/s
186 IPC shall be only
offence as per Section 195 Cr.P.C in
the absence of proper written complaint. Section 186 IPC
and 353 are squarely covered ... Indian Penal Code Mr.R.D.Jolly as pointed above
had conceded that charge on the facts of this case under
Section 353 Indian Penal
Cr.P.C.
The children were
employee of the accused
hence 363 IPC not made
out.
Section 186 / 353 / 506 IPC ... IPC
not made out and
mere threat does not
constitute offence
u/s 506 IPC
Section 323 / 341
IPC
Police Station Kapashera for offences punishable under Sections
186 / 188 / 506 of Indian Penal Code, 1860 („ IPC ‟) and subsequent
proceedings.
FACTUAL BACKGROUND ... basis of the complaint under Section 195
Cr.P.C. Therefore, the charge under Section 186 IPC against the
petitioner is not sustainable
