DURGACHARAN NAIK AND ORS. versus STATE OF ORISSA

DURGACHARAN NAIK AND ORS. versus STATE OF ORISSA

Section 195 of the Criminal Procedure Code does not bar the trial or conviction for a distinct offence under section 353 IPC, although arising from the same facts as a barred charge under section 186 IPC, because the offences are distinct in their legal ingredients, and there is no camouflage or evasion in bringing the charge under section 353 IPC.

Parties
Appellant: DURGACHARAN NAIK AND ORS.; Respondent: STATE OF ORISSA
Jurisdiction
India
Judgment Date
23 February 1966
Procedural Posture
Criminal Appeal / Supreme Court Decision on Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed. Judgment of the Orissa High Court affirmed.
Legal Topics
Section 353 Indian Penal Code, Section 186 Indian Penal Code, Section 195 Criminal Procedure Code, Obstruction/assault of Public Servant, Maintainability of Prosecution
Criminal Law Criminal Procedure Section 353 Indian Penal Code Section 186 Indian Penal Code Section 195 Criminal Procedure Code Obstruction/assault of Public Servant Maintainability of Prosecution

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Parties

DURGACHARAN NAIK AND ORS.

Appellant

STATE OF ORISSA

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether prosecution under section 353 of the Indian Penal Code is barred by section 195 of the Criminal Procedure Code when based on the same facts as a barred prosecution under section 186 IPC.

Ratio Decidendi

Section 195 of the Criminal Procedure Code does not bar the trial or conviction for a distinct offence under section 353 IPC, although arising from the same facts as a barred charge under section 186 IPC, because the offences are distinct in their legal ingredients, and there is no camouflage or evasion in bringing the charge under section 353 IPC.

Court Disposition

Appeal dismissed. Judgment of the Orissa High Court affirmed.

Orders

  • The conviction of the appellants under section 353, Indian Penal Code, and the sentence of 4 months' rigorous imprisonment is upheld.