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ANUJA PRABHUDESSAI, R. M. JOSHI
Amer Khan – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
R. M. Joshi, J. - By this application the applicant is seeking quashment of FIR bearing No. I-252 of 2019 registered with City Chowk Police station, Tq. and Dist. Aurangabad for the offences punishable under Sections 353, 504, 506 read with Section 34 of the Indian Penal Code (for short 'IPC') and consequent criminal proceeding bearing R.C.C. No. 2207 of 2019 pending before Judicial Magistrate First Class, Aurangabad.
2. It is the case of the applicant that he is the owner of property bearing CTS No. 11583. On 16th July, 2019, when the respondent No. 2 came to the spot to remove the alleged encroachment, the applicant informed him that he is the lawful owner of the property and also showed the property card indicating name as an occupier. The applicant claims that the respondent No. 2 lodged a false complaint against him.
3. Report lodged by the respondent No. 2 indicates that pursuant to the Suo Moto Public Interest Litigation bearing No. 3 of 2019 in respect of encroachment on Salim Ali lake, direction was received from authorities of the Corporation for removal of encroachment and accordingly meeting was held wherein action of demolition was directed to be taken. Police pr
The central legal point established is that for an offense under Section 353 of the IPC, there must be a lawful discharge of duties by the public servant, and the absence of force or assault in the p....
The court reaffirmed that allegations must meet specific legal criteria to constitute a criminal offence, emphasizing the necessity of intent and the presence of essential elements in the charges und....
The court emphasized that the essential ingredients for offences under Sections 341 and 353 IPC were not met, leading to quashing of proceedings.
To establish offences under Sections 341 and 353 IPC, allegations must meet strict legal standards of obstruction and use of force, which were absent in this case.
Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely th....
Violating the instructions of an officer of the Municipal Corporation does not amount to a criminal offence under section 353 IPC.
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