VidhiSangh

Supreme Court of India · 26/04/2019

VIKRAM JOHAR versus THE STATE OF UTTAR PRADESH & ANR.

[2019] 8 S.C.R. 1 · 2019 INSC 583

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Summary

An insurance surveyor was discharged from offences under Sections 504 and 506 IPC because the complaint, even accepted at face value, did not establish their ingredients. Merely alleging filthy abuse and an attempted assault during a visit, with one companion carrying a revolver, did not supply the necessary provocation or intended alarm on this pleading. The Court distinguished judicial scrutiny of a prima facie case from an impermissible mini-trial and left the insurance claim merits untouched.

Issues

  1. Whether the allegations established intentional insult provoking breach of peace or criminal intimidation.
  2. What scrutiny was permissible at discharge.

Provisions considered

Held

Result

Appeal allowed. High Court judgment and Magistrate’s refusal of discharge set aside; appellant discharged from the offences under Sections 504 and 506 IPC.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 1.