Supreme Court · 1966 INSC 53 · Decided 23 February 1966
Durgacharan Naik and ORS. v. State of Orissa
- Court
- Supreme Court of India
- Citation
- 1966 INSC 53 · [1966] 3 S.C.R. 636
- Case number
- CRIMINAL APPEAL No. 67/1964
- Decided
- 23 February 1966
- Bench
- K. SUBBA RAO, V. RAMASWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 143, 402, 186, 353; CrPC Section 195
Headnote
ORS. v. STATE OF ORISSA February 23, 1966. [K. SUBBA RAO Al'D V. RAMASWAMI, JJ.j Cod• of Criminal Procedure (Act 5 of 1898), s. 195-Facts clisc/D1- ing offences under ss. 186 and 353, Indian Penal Cod..-Pro«cution for off•nce under .r. 353 without written complaUit of public 11ublic duty of executing the decree of a Civil Court. They were acqmtted by the trial Court, but on appeal, the High Court convicted them under s. 353, acquitted them urder ss. 143/ 402 and held that the prosecution under s. 186 wu barred by s. 195, Criminal Procedure Code, which requires a
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