{"id":20163,"date":"2024-10-31T19:58:24","date_gmt":"2024-10-31T14:28:24","guid":{"rendered":"https:\/\/mynation.net\/docs\/?p=20163"},"modified":"2024-10-31T19:58:44","modified_gmt":"2024-10-31T14:28:44","slug":"5905-2022","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/5905-2022\/","title":{"rendered":"SC: Shouting and threatening Public servant does not amount to assault punishable U\/S 353 of IPC"},"content":{"rendered":"

IN THE SUPREME COURT OF INDIA<\/strong>
\nCRIMINAL APPELLATE JURISDICTION<\/p>\n

CRIMINAL APPEAL\u00a0 No. ___________ OF 2024
\n[@ SPECIAL LEAVE PETITION (CRL.) NO. 5905\/2022 ]<\/p>\n

K. DHANANJAY<\/p>\n

Vs<\/p>\n

CABINET SECRETARY ORS.<\/p>\n

Dated:\u00a0OCTOBER 21, 2024.<\/p>\n

Leave granted.<\/p>\n

The appellant was an employee of Indian Institute of\u00a0 \u00a0Astrophysics\u00a0 \u00a0(Autonomous\u00a0 \u00a0Institute\u00a0 \u00a0under\u00a0 \u00a0the Department of Science and Technology, Govt. of India) in Bangalore. Challenging his dismissal from service, he had filed a petition before the Central Administrative Tribunal at Bangalore Bench.<\/p>\n

Meanwhile, the appellant wanted to peruse certain documents,\u00a0 \u00a0for\u00a0 \u00a0which\u00a0 \u00a0permission\u00a0 \u00a0was\u00a0 \u00a0given\u00a0 \u00a0to\u00a0 \u00a0him. While he was inspecting the documents in the office of Respondent No. 5 \u00ad Ms. A. Thomeena, Deputy Registrar, Central\u00a0 \u00a0Administrative\u00a0 \u00a0Tribunal\u00a0 \u00a0at\u00a0 \u00a0Visveswarayya Kendriya Bhawan, Bangalore, it was alleged that the appellant assaulted the officers and therefore, a case was lodged against him under Sections 353\/506 of the Indian\u00a0 \u00a0Penal\u00a0 \u00a0Code.\u00a0 \u00a0 \u00a0His\u00a0 \u00a0petition\u00a0 \u00a0for\u00a0 \u00a0quashing\u00a0 \u00a0the proceedings has been dismissed and he is before this Court.<\/p>\n

Vide\u00a0 \u00a0order\u00a0 \u00a0dated\u00a0 \u00a027.08.2024,\u00a0 \u00a0this\u00a0 \u00a0Court\u00a0 \u00a0issued notice to the respondents, including Respondent No. 5 \u2013 Ms. A. Thomeena, but no one has entered appearance on behalf of the respondents despite due service.<\/p>\n

We have now perused the copy of the complaint which\u00a0 \u00a0was\u00a0 \u00a0given\u00a0 \u00a0by\u00a0 \u00a0Respondent\u00a0 \u00a0No.\u00a0 \u00a05\u00a0 \u00a0\u2013\u00a0 \u00a0Ms.\u00a0 \u00a0A. Thomeena, Deputy Registrar to the Inspector of Police, Ulsoor Police Station, Bangalore.\u00a0 \u00a0The same reads as under :\u00ad<\/p>\n

\u201cSir, Today at 3.05 PM, we had one incident in our office.\u00a0 \u00a0One Shri Dhananjay who had been a party to the proceedings before us had\u00a0 \u00a0filed\u00a0 \u00a0a\u00a0 \u00a0complaint\u00a0 \u00a0before\u00a0 \u00a0the\u00a0 \u00a0Chief Information\u00a0 \u00a0Commission\u00a0 \u00a0seeking\u00a0 \u00a0certain documents.\u00a0 \u00a0 \u00a0The\u00a0 \u00a0CIC\u00a0 \u00a0vide\u00a0 \u00a0order\u00a0 \u00a0No. CIC\/CAD\/MT\/A\/2018\/611756\/SD\u00a0 \u00a0dated 01.07.2019\u00a0 \u00a0and\u00a0 \u00a0asked\u00a0 \u00a0us\u00a0 \u00a0to\u00a0 \u00a0give\u00a0 \u00a0some documents.\u00a0 \u00a0We had kept every document ready and asked him to come and get it and\u00a0 \u00a0inspect\u00a0 \u00a0the\u00a0 \u00a0document\u00a0 \u00a0which\u00a0 \u00a0he wanted.<\/p>\n

But\u00a0 \u00a0apparently\u00a0 \u00a0he\u00a0 \u00a0wanted\u00a0 \u00a0some\u00a0 \u00a0other documents also which we felt had nothing to do with the order of the CIC.\u00a0 Therefore, being an official document, we had refused. Thereupon\u00a0 \u00a0he\u00a0 \u00a0started\u00a0 \u00a0shouting\u00a0 \u00a0and threatening us.\u00a0 At that time Smt. Rajashri, CPIO, Smt. Rekhashree, who is my PS, and Smt. Geetha who is an MTS were in the room.\u00a0 He threatening and shouted at them and\u00a0 \u00a0disrupted\u00a0 \u00a0the\u00a0 \u00a0work\u00a0 \u00a0of\u00a0 \u00a0the\u00a0 \u00a0office.<\/p>\n

Hearing\u00a0 \u00a0the\u00a0 \u00a0shouts\u00a0 \u00a0and\u00a0 \u00a0cries,\u00a0 \u00a0people around\u00a0 \u00a0gathered\u00a0 \u00a0and\u00a0 \u00a0I\u00a0 \u00a0had\u00a0 \u00a0immediately informed the police.<\/p>\n

Kindly take necessary action.\u201d<\/p>\n

It is on the basis of the above complaint that an FIR has been lodged against the appellant.\u00a0 \u00a0However, the only allegation against the appellant in the said complaint is that he was shouting and threatening the staff. This itself will not amount to any assault.<\/p>\n

Assault is defined under Section 353 of the Indian Penal Code as under :\u00ad<\/p>\n

\u201c353 Assault\u00a0 \u00ad\u00a0 \u00a0Whoever\u00a0 \u00a0makes\u00a0 \u00a0any gesture,\u00a0 \u00a0or\u00a0 \u00a0any\u00a0 \u00a0preparation\u00a0 \u00a0intending\u00a0 \u00a0or knowing it to be likely that such gesture or preparation will cause any person present to\u00a0 \u00a0apprehend\u00a0 \u00a0that\u00a0 \u00a0he\u00a0 \u00a0who\u00a0 \u00a0makes\u00a0 \u00a0that gesture\u00a0 \u00a0or\u00a0 \u00a0preparation\u00a0 \u00a0is\u00a0 \u00a0about\u00a0 \u00a0to\u00a0 \u00a0use criminal\u00a0 \u00a0force\u00a0 \u00a0to\u00a0 \u00a0that\u00a0 \u00a0person,\u00a0 \u00a0is\u00a0 \u00a0said\u00a0 \u00a0to commit an assault.\u201d<\/p>\n

We\u00a0 \u00a0have\u00a0 \u00a0reproduced\u00a0 \u00a0the\u00a0 \u00a0entire\u00a0 \u00a0complaint hereinabove.\u00a0 On perusing the same, we find that none of the ingredients, as mentioned in Section 353 IPC, is reflected in the complaint letter. In other words, no offence under Section 353 IPC is made out in this case.<\/p>\n

The High Court, to our mind, has committed a mistake in not interfering in this case. This is a case which is nothing\u00a0 \u00a0but\u00a0 \u00a0an\u00a0 \u00a0abuse\u00a0 \u00a0of\u00a0 \u00a0the\u00a0 \u00a0process\u00a0 \u00a0of\u00a0 \u00a0law\u00a0 \u00a0and therefore, in order to meet the ends of justice, we allow this appeal and quash the entire proceedings initiated against the appellant.<\/p>\n

Withe the above observations and directions, the appeal is allowed.<\/p>\n

Pending interlocutory application(s), if any, is\/are disposed of.<\/p>\n

[ SUDHANSHU DHULIA ]
\n[ AHSANUDDIN AMANULLAH ]
\nNew Delhi;
\nOCTOBER 21, 2024.<\/p>\n","protected":false},"excerpt":{"rendered":"

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL\u00a0 No. ___________ OF 2024 [@ SPECIAL LEAVE PETITION (CRL.) NO. 5905\/2022 ] K. DHANANJAY…<\/p>\n","protected":false},"author":1091,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_customify_content_layout":"","_customify_sidebar":"","_customify_page_header_display":"","_customify_disable_header":"","_customify_disable_header_top":"","_customify_disable_header_main":"","_customify_disable_header_bottom":"","_customify_disable_page_title":"","_customify_disable_content_vertical_padding":"","_customify_disable_footer_top":"","_customify_disable_footer_main":"","_customify_disable_footer_bottom":"","_customify_breadcrumb_display":"","_customify_header_transparent_display":"","footnotes":""},"categories":[65],"tags":[76724,1331,15244,71939,54695,54696,73110,76231,54991,90761,90745,43036,25234,69103,258,90505,1360,13559,47171,47,76546,73832,73836,73834,76547,73829,73833,76548,76397,73842,2186,57085,68864,50121,68865,76549,76550,76551,76552,76553,76554,76555,76556,76557,76558,76561,76562,76563,76564,76565,76566,76567,76568,76569,76570,76571,76572,73681,76573,76574,76575,50412,195,42574,76576,76716,54863,68426,43761,68162,84272,68869,90504,1936,14326,85555],"class_list":["post-20163","post","type-post","status-publish","format-standard","hentry","category-judgments","tag-12-dv-act-hindi","tag-125-crpc","tag-125-cr-p-c","tag-125-crpc-maintenance","tag-1253-crpc","tag-1253-of-code-of-criminal-procedure","tag-13b-divorce-by-mutual-consent","tag-154-crpc","tag-202-crpc","tag-226-crpc","tag-227-crpc","tag-239-crpc","tag-25234","tag-3-4-dowry-prohibition-act","tag-258","tag-404b-i-p-c","tag-482-crpc","tag-498-a-ipc","tag-498a-of-indian-penal-code","tag-498a","tag-498a-304b-ipc","tag-498a-306-ipc","tag-498a-307-ipc","tag-498a-323-506-ipc","tag-498a-323-506-ipc-in-hindi","tag-498a-34-ipc","tag-498a-34-ipc-in-hindi","tag-498a-406-506-ipc","tag-498a-406-ipc","tag-498a-406-ipc-in-hindi","tag-498a-advice","tag-498a-citation","tag-498a-explained","tag-498a-free-advice","tag-498a-harassment","tag-498a-ipc-acquittal-judgements","tag-498a-ipc-act-in-hindi","tag-498a-ipc-applicability","tag-498a-ipc-bail","tag-498a-ipc-bailable-or-non-bailable","tag-498a-ipc-bailable-or-not","tag-498a-ipc-cases","tag-498a-ipc-civil-or-criminal","tag-498a-ipc-cognizable","tag-498a-ipc-compromise","tag-498a-ipc-decision","tag-498a-ipc-defence","tag-498a-ipc-definition","tag-498a-ipc-guidelines","tag-498a-ipc-is-bailable-or-not","tag-498a-ipc-latest-judgement","tag-498a-ipc-limitation","tag-498a-ipc-mediation","tag-498a-ipc-misuse","tag-498a-ipc-non-bailable","tag-498a-ipc-nri","tag-498a-ipc-proceedings","tag-498a-ipc-punishment","tag-498a-ipc-recent-judgements","tag-498a-ipc-section","tag-498a-ipc-withdrawal","tag-498a-judgment","tag-498a-misuse","tag-498a-of-ipc","tag-498a-406-34-ipc","tag-498a-dv-dp-act","tag-65-b","tag-65-b-certificate","tag-65b","tag-65b-certificate","tag-65b-evidence-act","tag-abuse-of-section-498a-ipc","tag-cr-p-c125","tag-crpc-125","tag-section-482-crpc","tag-u-s-353-of-ipc"],"_links":{"self":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/20163","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/users\/1091"}],"replies":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/comments?post=20163"}],"version-history":[{"count":0,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/20163\/revisions"}],"wp:attachment":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/media?parent=20163"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/categories?post=20163"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/tags?post=20163"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}