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G. ANUPAMA CHAKRAVARTHY
Bommakanti Yadagiri – Appellant
Versus
State of Telangana – Respondent
JUDGMENT
1. This revision is filed against the order dtd. 2/1/2023 in Crl.MP.No.1295 of 2019 in C.C.No.4812 of 2018 on the file of Judicial Magistrate of First Class, Special Mobile Court-cum-IV Additional Junior Civil Judge-cum-IV Additional Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar.
2. Heard Sri Jalli Kanakaiah, learned Senior Counsel appearing for petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1.
3. The petitioner was arrayed as accused in C.C.No.4812 of 2018 on the file of Judicial Magistrate of First Class, Ranga Reddy at L.B.Nagar, for the offences punishable under Ss. 353 and 506 of IPC. He filed Crl.MP.No.1295 of 2019 seeking for his discharge from the said case, which is dismissed by way of impugned order dtd. 2/1/2023.
4. The facts of the case in brief, are that one B. Satyanarayana, Sub-Inspector of Police, Chaitanyapuri Police Station has filed a complaint against the petitioner on 8/8/2015 alleging that on the said date, the petitioner has obstructed him from discharging his official duties and also threatened him. Therefore, a case was registered for the offences punishable under Ss. 353 and 506 of IPC.
5.
The determination of whether the essential ingredients of the offenses under Ss. 353 and 506 of IPC are made out can only be decided after a full-fledged trial.
The court affirmed the conviction under Sections 353 and 504 IPC, establishing that abusive actions towards a public servant can constitute assault, deterring them from performing their official duti....
The court emphasized that the essential ingredients of the offences must be present in the allegations to proceed with a criminal case, and the court may consider additional factors such as apology a....
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.
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