Shouting and threatening someone doesn’t amount to committing an offence of assault, says the Supreme Court (SC) in K Dhananjay v Cabinet Secretary & Others.
In this case, a FIR under Section 353 (for assault) of the Indian Penal Code (IPC) was registered against an employee of the Indian Institute of Astrophysics for shouting and threatening the CAT’s Staff, while he was inspecting the files of his dismissal from service.
The assault under Section 353 of the IPC says, “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”.
The SC says that the only allegation against the accused in the above case is that he was shouting and threatening the staff, which itself will not amount to any assault. That is nothing but an abuse of the process of law. Therefore, the SC quashed the entire proceedings initiated against the accused so as to meet the ends of justice.
Reference
