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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Legala Srinivas – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments by both parties. (Para 4 , 5) |
| 3. court's analysis of section 353 ipc. (Para 6 , 7 , 8 , 9) |
| 4. court's final order and conclusion. (Para 10) |
ORDER :
K. SUJANA, J.
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner/accused, to quash the proceedings against him in C.C.No.2033 of 2021 on the file of Additional Judicial Magistrate of First Class at Jagtial, for the offences punishable under Section 353 of IPC.
2. The brief facts of the case are that on 05.10.2021 at about 12.15 p.m., respondent No.2 as a part of his duties,stopped one Mahindra Verito Car bearing No.AP 15 AY 2244 being driven by the petitioner. When the said vehicle was checked, it is found that eight (08) challans were pending in respect of the said vehicle. As such, respondent No.2 asked the petitioner to pay the pending challans, however, the petitioner questioned the authority of respondent No.2 in filthy language. Hence, based on the complaint, a case was registered in Crime No.462 of 2021 before the Jagtial Town Police Station, Jagtial District and after completion o
Essential ingredients of assault under Section 353 IPC must be proven, including the use of criminal force against a public servant, which was not demonstrated in this case.
The essential elements of assault under Section 353 IPC must be clearly established; mere allegations without evidence do not suffice for prosecution.
The court emphasized that for a charge under Section 353 IPC to stand, it must be proven that the public servant was executing their duties at the time of the incident.
To attract offences under Sections 341 and 353 IPC and Section 117(e) of Kerala Police Act, obstructions to police duties are sufficient even without actual use of criminal force.
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