SEvery day we have seen common people quarreling and shouting with officials regarding their work in government offices. On this, it is also heard that the officer has filed a case against the person concerned for obstruction in government work and assault. But does expressing one's displeasure when work is not done actually amount to obstructing government work?
Recently, a division bench of the Supreme Court comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard a similar case. In this case, an FIR was registered against an employee of the Indian Institute of Astrophysics under section 353 (assault) of the Indian Penal Code. The crime was that the employee had shouted at CAT employees and threatened them while inspecting the files of dismissal from service.
Under section 353 of the Indian Penal Code, assault is defined as follows:-
Whoever makes any gesture or preparation which is intended to cause any person present to apprehend that the person making the gesture or preparation is about to use criminal force to that person is guilty of assault. is said to do.” After perusing the entire complaint on record, the Court held that the High Court had committed an error in refusing to quash the FIR as none of the ingredients for the offense of assault under Section 353 of the IPC were fulfilled in the case.
Need for careful assessment before convicting the accused:
The Court observed, the only allegation against the Appellant in the said complaint is that he was shouting and threatening the employees. This in itself will not be considered any kind of assault. In our view, the High Court has committed a mistake by not intervening in this matter.
This is a case which is nothing more than an abuse of the process of law. Therefore, to serve the ends of justice, we accept this appeal. Quash the entire proceedings initiated against the Appellant. Accordingly, the appeal was allowed.
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Image Credit: KhasKhabar.