further, the continuation of criminal
proceeding for the offence punishable under Section 353
of IPC is impermissible.
b) In the absence ... discharging their duties. The essential elements to
constitute the offence under Section 353 of IPC are
conspicuously absent.
8. To constitute the offence
prosecuted for the offences under Sections 341 , 353 , 506
and 114 r/w Section 34 of IPC.
2. Case of the prosecution ... Sections 349
and 350 of IPC. Therefore, the essential elements to
constitute the commission of an offence under Section 353
of IPC
being prosecuted for offenses punishable
under Sections 188 , 353 , 504 , and 506 of the Indian Penal Code
( IPC ).
2. The prosecution ... take cognizance of an offense punishable under
Section 186 of IPC.
5. To invoke Section 353 of IPC, it must
further, the continuation of criminal proceeding for the
offence punishable under Section 353 of IPC is
impermissible.
b) In the absence ... their duties does, the petitioners cannot
be prosecuted for offence under Section 353 of IPC.
8. To constitute the offence under Section
above provision shows that the
essential ingredients of the offence under Section
353 IPC are that the person accused of the offence
should ... ingredients of the offence under Section 353 IPC are
not made out.
13. Section 506 IPC prescribes punishment for the
offence
prosecuted for the offences punishable under Sections 143 ,
147 , 504 , 323 , 353 , 332 read with Section 149 of IPC.
4. The case ... respondent No.1 - State would submit that the offence
punishable under Section 353 of IPC cannot be compounded,
since it is a cognizable
offences
punishable for the offences punishable under Sections
143 , 114 , 504 , 353 read with Section 34 of IPC
against accused ... offences
3
punishable under Sections 143 , 353 , 504 read with
Section 34 of IPC against accused Nos. 5 and 6.
Taking exception
cognizance of the
offences punishable under Sections 143 , 147 , 341 , 353 , 506
read with Section 149 of IPC and issued summons ... counsel for the parties.
7. To constitute the offence punishable under Section
353 of IPC, there must be criminal force to deter public
accused who is convicted for the offence
punishable under Section 353 , 332 and 504 of IPC is before this
Court.
2. Case ... follows:
a. The petitioner is acquitted of the
offences under Sections 332 and 353 of IPC
b. The petitioner/accused is convicted
constitute the offence under Section 353 of IPC,
there should be an assault or use of criminal force to a public
servant deterring ... servant so as to
constitute the commission of offence punishable under Section
353 of IPC. Hence, in the absence of any allegation
