Umashankar Yadav vs State of Uttar Pradesh 2025 INSC 653 - Ss.195,482 CrPC - Ss. 186,353 IPC
Code of Criminal Procedure 1973 - Section 2(d), 195 - As per explanation in definition clause, a police report disclosing a non-cognizable offence shall be deemed to be a complaint and the police officer shall be deemed to be the complainant. Even then, the legal embargo under section 195 Cr.PC is not dispelled as the legal fiction deems the police officer and not the aggrieved public servant as the complainant- Referred to B.N. John v. State of U.P (Para 34-35)
Code of Criminal Procedure 1973 - Section 482 - Summoning of an accused is a serious matter which affects liberty and dignity of the individual concerned. Judicial intervention under Section 482 Cr.PC to weed out vexatious proceedings is of pivotal importance in order to protect individuals from untelling harassment and misery and to ensure unmerited prosecutions do not crowd overflowing dockets of criminal courts and yield space for deserving cases. Faced with the agony of a lame prosecution, it is of little solace to a litigant to be told that inherent powers are shut out as he is entitled to approach the trial court and pray for discharge. The inherent power of the High Court to prevent abuse of process of court is much wider in amplitude than the discharge powers and cannot be whittled down on the plea of existence of such remedy. (Para 11)
Indian Penal Code 1860 - Section 186 - Essential ingredients of offence under Section186 are as follows:- (i) Obstruction of a public servant in discharge of public functions (ii) Such obstruction is done voluntarily and with the intention to prevent discharge of official duties- Obstruction to a public servant must be done with the requisite mens rea i.e. to prevent the latter from discharging his official duty. (Para 18, 26)
Indian Penal Code 1860 - Section 353 - Section 353 is attracted when the following ingredients are satisfied:- (i) Use of assault or criminal force on a public servant during execution of his duty. (ii) With the intention :- (a) to prevent or deter discharge of such duty; or (b) as a consequence of anything done or attempted to be done in the lawful discharge of his duty. (Para 19)
