obstruct public servent while discharging his duty

Prashant Deshpande (Querist) 12 October 2010 This query is : Resolved
as a food inspector when I visited a shop, the shop owner refused to sign on Inspection Report, he does not have valid license required as per PFA act 1954.can I prosecute him U/s.16(C)of PFA,or should i Lodge complaint in police u/s.186, 353 of IPC ?

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Raj Kumar Makkad (Expert) 12 October 2010
You can prosecute such an accused under section 16 (c) of PFA Act instead of lodging police complaint.

Kumar Krishan Agarwal Advocate (Expert) 13 October 2010
Use Both simultaneously on him.

R.Ramachandran (Expert) 13 October 2010
In the instant case, refusing to sign an inspection report is not "obstructing public servant from discharging his duty", so the question of invoking Sec. 186 IPC does not arise. Similarly, non-signing cannot also be equated with "Assault or criminal force to deter a public servant from discharge of his duty". So, section 353 IPC also would not come into play.
In fact, if the person refuses to sign the Inspection Report, there is a set procedure which the Inspector has to follow, namely call two-three persons in the locality, take them as witness and complete the job. As far as operating without valid licence, yes whatever action is due can be taken.
Certainly provisions of Sec. 186 and 353 IPC are not at all attracted.