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.
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