Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | discharge Ingredients to be proved power of court IPC s.506 Offence of criminal intimidation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 504, 506 and 383, 384, 471 – Respondent No.2-complainant, was partner of a Company engaged in business of wood processing and sale – Fire broke into the premises of the Company – Company raised insurance claim – Insurance company appointed certified surveyor – Appellant, director of the certified surveyor, undertook the survey and submitted final survey report dated 23.09.2011 – Respondent No.2, filed application u/s.156(3), Cr.P.C, alleging offences u/ss.383, 384, 471, 504 and 506, IPC by the appellant in an incident that allegedly took place on 02.10.2011 – Insurance claim repudiated by the Insurance Company – Twice the concerned IOs submitted closure report, whereafter protest petitions were filed by respondent no.2 – Eventually, Judicial Magistrate holding that no further investigation was required directed that the matter be tried as complaint case – Application for discharge filed by the appellant – Rejected– Revision before the High Court– Dismissed– On appeal, held: Appellant’s role was only of a surveyor appointed by insurance company to survey and submit report on the fire insurance claim alleged by the respondent no.2 – Various correspondences were made by respondent no.2 with the appellant and the insurance company – In the letter dated 11.09.2011, addressed to insurance company, there was no allegation made against the appellant – For the first time in letter dated 19.09.2011, allegation was made that the appellant asked money for the final survey report – It was only after final survey report was submitted by the appellant on 23.09.2011, that the incident dated 02.10.2011 was alleged in which appellant was alleged to have threatened the respondent no.2 – Application u/s.156(3), Cr.P.C. was filed on 14.11.2011 – While considering the discharge application, the Court is to exercise its judicial mind to determine whether case for trial has been made ouor not – Allegation in the present case that the appellant had abused the complainant when taken on its face value does not satisfy the ingredients of ss.504 and 506 – Intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence – Judgment of the High Court and the order of Chief Judicial Magistrate set aside – Appellant stands discharged from the offence u/ss.504 and 506 – Code of Criminal Procedure, 1973 – ss. 156(3), 239 and 245. Penal Code, 1860– s.506 – Offence of criminal intimidation – Ingredients to be proved – Discussed. Code of Criminal Procedure, 1973 – ss. 239 and 245 – Discharge application under – Power of Court – Scope – Held: While considering the discharge application, the Court is to exercise its judicial mind to determine whether case for trial has been made out or not – In such proceedings, the Court is not to hold the mini trial by marshalling the evidence. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 583 |
Petitioner | Vikram Johar |
Respondent | The State Of Uttar Pradesh & Anr. |
SCR | [2019] 8 S.C.R. 1 |
Judgement Date | 2019-04-26 |
Case Number | 759 |
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