Assault under Section 353 or Section 506 of Indian Penal Code
Hon’ble Supreme Court in K. Dhananjay Versus Cabinet Secretary & Ors., 21st October, 2024
Facts
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, 2. 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.
The FIR was lodged on basis of complaint filed by the said Deputy Registrar Ms. A. Thomeena.
The Appellant approached Hon’ble High Court for quashing of proceeding which refused to interfere and as a result appeal was filed before Hon’ble Apex Court.
Reasoning
The Hon’ble Supreme Court on perusal of complaint filed by the Deputy Registrar observed that the only allegation against the said appellant was that he was shouting and threatening the staff. The Hon’ble Court held that shouting and threatening would not itself amount to assault. The Hon’ble Court held that none of the ingredients under Section 353 of IPC were met and the proceedings were nothing but abuse of process of law.
The Hon’ble Court thus allowed the appeal and has quashed the proceedings initiated against the Appellant.
One can download the order below:
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