Abusing Someone Can Not be Considered a Criminal Threat By Supreme Court || किसी को गालियां देना आपराधिक धमकी नहीं माना जा सकता
Diary Number | 15396-2017 | Judgment |
Case Number | Crl.A. No.-000759-000759 – 2019 | 26-04-2019 |
Petitioner Name | VIKRAM JOHAR | |
Respondent Name | THE STATE OF UTTAR PRADESH | |
Petitioner’s Advocate | DIVYESH PRATAP SINGH | |
Respondent’s Advocate | ||
Bench | HON’BLE MR. JUSTICE ASHOK BHUSHAN, HON’BLE MR. JUSTICE K.M. JOSEPH | |
Judgment By | HON’BLE MR. JUSTICE ASHOK BHUSHAN | |
The Supreme Court has said in their recent judgement that abusing someone can not be considered a criminal threat
The bench of Justice Ashok Bhushan and Justice KM Joseph said this while pointing to the appeal of a person named Vikram Jauhar, who said that the petition for release of the crime in the criminal case is against the dismissal of the lower court and the High Court. The complaint was that Johar, along with two or three unknown people, came to the complainant’s house and offered him a lot of abuses and tried to attack him. When some neighbors reached there, they fled from there. One of these people was also a revolver in the hand.
The accused said that as a surveyor, he had given an adverse report about fire fighting against the company and this case was against him for taking revenge. It was said that in view of the complaint, this complaint is not made under Section 504 and 506.
Bench Said
The bench said that while considering the demand for release, the court will have to see whether action can be taken on the basis of the matter being made. The court also mentioned about the decisions made in the case of Fiona Shrikhande v. State of Maharashtra and Manik Taneja v. Karnataka State.
किसी अचल संपत्ति को किसे और कैसे दान किया जा सकता है || How to Gift Immovable Property and To Whom
एस्मा कानून -क्या है कैसे लागू होता है || एम्सा कानून की पूरी जानकारी
The bench quotes Ratanlal and Dheerajlal on Crimbs, in the 27th edition of Section 506, citing what the crime can be, saying that the prosecution will have to prove that:
(i) the accused threatens a person
(ii) During the threat of that person, his reputation or his property was harmed, in which he was interested;
(iii) This person has done this to bully; He wanted to do such a thing from the person who can not do it legally.
That is why the Supreme Court says that abusing someone can not be considered a criminal threat
Know all Judgement in Hindi
नारी अपराध होने के कारण समस्या और उन पर बने कानून और समाधान के बारे में बताइए
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Abusing Someone Can Not be Considered a Criminal Threat By Supreme Court || किसी को गालियां देना आपराधिक धमकी नहीं माना जा सकता
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