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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
K. Dhananjay – Appellant
Versus
Cabinet Secretary – Respondent
ORDER
Leave granted.
2. 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.
3. 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, 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. His petition for quashing the proceedings has been dismissed and he is before this Court.
4. Vide order dated 27.08.2024, this Court issued notice to the respondents, including Respondent No. 5 – Ms. A. Thomeena, but no one has entered appearance on behalf of the respondents despite due service.
5. We have now perused the copy of the complaint which was given by Respondent No. 5 – Ms. A. Thomeena, Deputy Registrar to the Inspector of Police, Uls
No assault occurred as per IPC definitions; proceedings quashed.
The determination of whether the essential ingredients of the offenses under Ss. 353 and 506 of IPC are made out can only be decided after a full-fledged trial.
Criminal proceedings can be quashed where allegations are trivial in nature and trial has not started since long.
The essential elements of the alleged offence, compliance with procedural requirements, and the possibility of malicious motive in filing a complaint are crucial considerations in determining the qua....
The court found substantial grounds for proceeding with the FIR against the petitioners based on eyewitness accounts and video evidence, emphasizing the need for protecting police duties and integrit....
The absence of essential elements for the alleged offences led the court to quash proceedings, affirming the protection against abuse of legal processes.
The court upheld the dismissal of a petition to quash criminal proceedings based on the petitioners' actions obstructing official duties.
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