It is on the basis of the above complaint that an
FIR has been lodged against the appellant. However,
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.
Assault is defined under Section 353 of the Indian
Penal Code as under :
“353 Assault Whoever makes any
gesture, or any preparation intending or
knowing it to be likely that such gesture or
preparation will cause any person present
to apprehend that he who makes that
gesture or preparation is about to use
criminal force to that person, is said to
commit an assault.”
We have reproduced the entire complaint
hereinabove. 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.
The High Court, to our mind, has committed a mistake
in not interfering in this case. This is a case which is
nothing but an abuse of the process of law and
therefore, in order to meet the ends of justice, we allow
this appeal and quash the entire proceedings initiated
against the appellant.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. ___________ OF 2024
[@ SPECIAL LEAVE PETITION (CRL.) NO. 5905/2022 ]
K. DHANANJAY Vs CABINET SECRETARY & ORS. Dated: OCTOBER 21, 2024.
Leave granted.
The appellant was an employee of Indian Institute
of Astrophysics (Autonomous Institute under the
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.
Meanwhile, the appellant wanted to peruse certain
documents, for which permission was given to him.
While he was inspecting the documents in the office of
Respondent No. 5 Ms. A. Thomeena, Deputy Registrar,
Central Administrative Tribunal at Visveswarayya
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 Penal Code. His petition for quashing the
proceedings has been dismissed and he is before this
Court.
Vide order dated 27.08.2024, this Court issued
notice to the respondents, including Respondent No. 5 –
Ms. A. Thomeena, but no one has entered appearance
on behalf of the respondents despite due service.
We have now perused the copy of the complaint
which was given by Respondent No. 5 – Ms. A.
Thomeena, Deputy Registrar to the Inspector of Police,
Ulsoor Police Station, Bangalore. The same reads as
under :
“Sir,
Today at 3.05 PM, we had one incident in
our office. One Shri Dhananjay who had
been a party to the proceedings before us
had filed a complaint before the Chief
Information Commission seeking certain
documents. The CIC vide order No.
CIC/CAD/MT/A/2018/611756/SD dated
01.07.2019 and asked us to give some
documents. We had kept every document
ready and asked him to come and get it
and inspect the document which he
wanted.
But apparently he wanted some other
documents also which we felt had nothing
to do with the order of the CIC. Therefore,
being an official document, we had refused.
Thereupon he started shouting and
threatening us. At that time Smt. Rajashri,
CPIO, Smt. Rekhashree, who is my PS, and
Smt. Geetha who is an MTS were in the
room. He threatening and shouted at them
and disrupted the work of the office.
Hearing the shouts and cries, people
around gathered and I had immediately
informed the police.
Kindly take necessary action.”
It is on the basis of the above complaint that an
FIR has been lodged against the appellant. However,
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.
Assault is defined under Section 353 of the Indian
Penal Code as under :
“353 Assault Whoever makes any
gesture, or any preparation intending or
knowing it to be likely that such gesture or
preparation will cause any person present
to apprehend that he who makes that
gesture or preparation is about to use
criminal force to that person, is said to
commit an assault.”
We have reproduced the entire complaint
hereinabove. 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.
The High Court, to our mind, has committed a mistake
in not interfering in this case. This is a case which is
nothing but an abuse of the process of law and
therefore, in order to meet the ends of justice, we allow
this appeal and quash the entire proceedings initiated
against the appellant.
Withe the above observations and directions, the
appeal is allowed.
Pending interlocutory application(s), if any, is/are
disposed of.
.......………..………............J.
[ SUDHANSHU DHULIA ]
.……….........………...........J.
[ AHSANUDDIN AMANULLAH ]
New Delhi;
OCTOBER 21, 2024.
No comments:
Post a Comment