ASHOK KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred against judgment dated 03.10.2002 passed by Additional Sessions Judge, Sagar in Criminal Appeal No. 90/2001 convicting the appellant under Section 353 of IPC and sentenced to 3 months R.I. and fine of Rs. 1000/ by modifying the judgment dated 27.03.2001 passed by JMFC Khurrai in Criminal Case No. 375/99.

(2.) Facts of the case, in short, are that on 25.06.99 at about 3:00 p.m. Khalak Singh (PW 1) Bank Recovery Officer along with his colleagues reached to the house of the petitioner in respect of recovery of outstanding dues. Aforesaid recovery proceeding was objected and obstructed by the petitioner stating that outstanding dues has already been paid. As a result of aforesaid obstruction, bank officers could not proceed in the matter and lodged FIR at Police Station Khimlasa. A case was registered at Crime No. 79/99 under section 186, 353, 294, 34 of IPC against the petitioner Ashok Tiwari and his father.

(3.) Completing the investigation police Khimlasa submitted a charge sheet under Section 186, 353, 294 against the petitioner and his father.