Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.Kunhikrishnan
Manilal – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
ORDER :
P.V.Kunhikrishnan, J.
A humane touch is necessary in every administrative act of bureaucrats. It is often said that every file has a face, and every decision has a consequence. Behind every decision, there is a person with hopes, fears and dreams. Every decision made in an office affects a life outside of it. Administrative decisions are not just papers; they are lives in progress. The success of democracy is not just about governance by elected representatives of the people alone, but it also relies on the way bureaucrats support such a government with a humane approach. Without a humane approach, a democratic government cannot succeed. The bureaucracy that forgets the people forgets its very purpose. Empathy is the bridge between a democratic government and its people. Bureaucracy has a vital role in it.
-
2. This is a sad story of a 76-year-old man and his son-in-law, who is the revision petitioner in this case. The petitioner's father-in-law contacted the office of the Tahsildar (LR) to have 3 cents of property mutated in his name in the revenue records, for which he had already paid land tax earlier. It is the case of the petitioner that the Tahsildar was reluctant to do t
Criminal charges under Section 353 IPC require actual criminal force directed at a person, not merely obstruction or verbal disputes.
Section 353 IPC requires proof of criminal force or assault against a public servant; mere verbal disputes do not meet this threshold.
The court affirmed the conviction under Sections 353 and 504 IPC, establishing that abusive actions towards a public servant can constitute assault, deterring them from performing their official duti....
The essential elements required under Section 353 IPC were not established, leading to the quashing of the FIR as an abuse of process of law.
Essential ingredients of assault under Section 353 IPC must be proven, including the use of criminal force against a public servant, which was not demonstrated in this case.
Insufficient proof of assault or criminal force leads to acquittal under S.353 IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
