Shouting at a government employee is not a case of assault… On which case did the Supreme Court make this comment?

New Delhi: The Supreme Court has said that shouting at someone or threatening him/her does not mean that the case will be of assault. A case was registered against the accused for obstructing the work of a government official and assault. The Supreme Court rejected it and said that this case is nothing but an abuse of the legal process.What is the whole matter?
The matter came up for hearing before a bench led by Supreme Court Justice Sudhanshu Dhulia. A case was registered against a person under IPC section 353 (assault and obstruction in public servant’s work). According to the allegation, this case was registered against an employee of the Indian Institute of Astrophysics. The accused, who worked in Bangalore, was dismissed from his/her job, and he/she challenged the decision in CAT. Meanwhile, after taking permission from the authority, he/she went to CAT for file inspection.

It is alleged that during this time he/she used criminal force and assaulted the CAT officer. The Supreme Court dismissed the case registered against the accused under section 353 of the IPC.

‘…this is an abuse of the legal process’
The Supreme Court said that the definition of Section 353 of the IPC states that if a person uses criminal force against a government employee and commits an assault, then there is a provision for punishment for him/her. The Supreme Court said that looking at the record in the present case, it seems that the High Court has committed a mistake in refusing to dismiss the case and the facts in this case do not make out a case of assault under Section 353 of the IPC. .

The only allegation is that the accused shouted and threatened the complainant. This is not an assault. The High Court has made a mistake by not intervening. This case is nothing but an abuse of the legal process. In such a situation, the demand of justice is that the appeal should be accepted and the case should be dismissed.