DURGACHARAN NAIK AND ORS. vs STATE OF ORISSA

The Supreme Court held that the prosecution under Section 353 IPC was maintainable despite the High Court's ruling that prosecution under Section 186 IPC was barred by Section 195 of the Code of Criminal Procedure. The Court clarified that Sections 186 and 353 IPC pertain to distinct offences, and Section 195 does not preclude prosecution for a different offence arising from the same facts. The High Court's conviction of the appellants under Section 353 IPC was upheld, and they were sentenced to four months' rigorous imprisonment.