under Section 353 of IPC or not, it is apt to consider and analyze the
necessary ingredients of Section 353 of IPC, which ... dealing with material ingredients of
11
Section 353 has also observed as under:-
"7. Section 353 of IPC deals with an offence
punishable under
Section 186 IPC as there was no mandatory complaint u/s 195
CrPC , while upholding the charges under Section 353 / 34 IPC ... despite the bar under Section 195 Cr.PC.
Ld. MM also erred in holding that the charges under Section
353 / 34 IPC are sustainable
filed under Section 482 CrPC is
for quashing of FIR No. 559 dated 23.07.2015, under Sections 332 , 353 ,
186 , 506 and 34 IPC, Annexure ... final report under
Section 173 Cr.P.C. was prepared for the offences under
Section 332 , 353 , 186 , 506 , 34 IPC and submitted before
recorded
against the petitioner/accused of the offences under Sections 228 ,
353 and 504 of IPC vide judgment, dated 12.10.2017, passed ... offence under Section 506 of IPC. Though the trial Court
convicted the petitioner/accused of the offences under Sections 228 ,
353
Sections 353 and 506
of IPC.
5. It is the contention of the learned Senior Counsel for
petitioner that the ingredients of Sections 353 ... Supreme Court as under :
"The essential ingredients of the offence under Section 353
IPC are that the person accused of the offence should
under section 186 IPC in the absence of a written complain under Section
195 Cr.P.C. However, charges were framed under Section 353 ... written
complaint under Section 195 Cr.P.C, if the petitioners are discharged under
186 IPC , the discharge order under 353 IPC also
petitioner as
contemplated under Section 350 and 351 of IPC and consequently, no offence is
made out under Section 353 of IPC ... conviction under that section could be
maintainable. Before considering the materials on record,
we may usefully refer to Section 353 IPC which reads
under
Section 186 of the Indian Penal Code and no
cognizance could be taken of the offence under
Section 186 of the Indian Penal Code ... under Section 186 of
the Indian Penal Code but it cannot be ignored that
Sections 186 and 353 of the Indian Penal Code
relate
complaint under Section 195 Cr.P.C is a sine qua non for prosecuting
the accused for offence punishable under Section 186 IPC ... punishable
under Section 186 IPC.
16. Section 186 , 353 and 332 IPC are related to distinct offences.
The offences under Sections
three months for the offence under section 332
IPC and for the offence under section 353 IPC, he is sentenced to
undergo simple ... grave error while acquitting the
accused under section 186 IPC and convicting him under section
332 / 353 IPC.
9.1 This point has been
