The court reaffirmed that allegations must meet specific legal criteria to constitute a criminal offence, emphasizing the necessity of intent and the presence of essential elements in the charges under the IPC.

JUDGMENT

SUNIL B.SHUKRE, J. - Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. The applicant, by this application is seeking quashing and setting aside of charge-sheet no. 125/2022 filed in Crime No. 350/2022 registered at Police Station Kotwali, Amravati for the offences punishable under Ss. 353, 186, 504 and 506 of the Indian Penal Code (IPC) against the present applicant.

4. The aforesaid offences were registered against the applicant on the basis of the complaint filed by non-applicant no. 2, who was at the time of filing of the First Information Report (FIR) was working as Executive Engineer at the Maharashtra Housing and Area Development Authority (MHADA), Amravati. Non-applicant no. 2 is still posted as Executive Engineer at MHADA, Amravati. In her complaint, she has alleged that when she was working in her office, in between 1:00 p.m. to 3.00 p.m. on 15/7/2022, the applicant entered her office and started shouting at her. It is alleged that the applicant was demanding withdrawal of the criminal complaint filed by her against his brother. It is further alleged that the applicant threw away some office papers and ran after the complainant while giving her obscene abuses. It is also alleged that the applicant took away certain papers of the office and while leaving the office, the applicant issued threat to the complainant on her life. On such allegations, the offences punishable under Ss. 353, 186, 504 and 506 of the IPC were registered and investigated into. Later on, the charge-sheet also came to be filed for prosecution of the applicant for these offences.

5. It is the contention of Shri A. S. Mardikar, learned Senior Advocate for the applicant that when these allegations are taken at their face value, they do not make out any prima facie case against the applicant, although, the submission is seriously disputed by learned APP for the State. Learned APP submits that this is something, which is a matter of appreciation of evidence and therefore, it is not permissible for this Court to consider the nature of these allegations and come to any conclusion about the allegations not making out any prima facie case against the applicant. Similar is the submission of learned Additional Public Prosecutor and learned counsel for non-applicant no. 2.

6. Upon overall consideration of the allegations made in the FIR filed against the applicant, the material collected during the course of the investigation and the settled principles of law, we find that there is great force in the argument of learned Senior Advocate for the applicant and there is no merit in the submissions of learned APP for State and learned counsel for non-applicant no. 2.

7. Sec. 353 of the IPC is about assaulting another person or using criminal force to another person, who is a public servant, in the execution of his duty as such public servant. It is also about assaulting or using criminal force against a public servant with intent to prevent or deter that person from discharging his duty as such public servant. In other words, the essential ingredients of an offence punishable under Sec. 353 of the IPC are assault launched or criminal force used against a public servant engaged in execution of his duty as a public servant and assault made or criminal force used with intention to prevent or deter the public servant from discharging his duty as a public servant.

8. The assault has been defined in Sec. 351 of the IPC and the definition indicates that whenever there is a gesture or any preparation made by one person with an intention to cause another person to apprehend that person making the gesture or preparation is about to use criminal force to another person. The definition also includes knowledge part and if any gesture or preparation is made with knowledge that it is likely to cause apprehension to another person that the person making the gesture or preparation is about to use criminal force against him, it would