VIKRAM JOHAR versus THE STATE OF UTTAR PRADESH & ANR.

VIKRAM JOHAR versus THE STATE OF UTTAR PRADESH & ANR.

The complaint allegations, taken at face value, did not satisfy the legal ingredients of Sections 504 and 506 IPC, hence the appellant was entitled to discharge, and the rejection of his discharge application by the Courts below was erroneous.

Parties
Appellant: Vikram Johar; Respondents: The State of Uttar Pradesh & Anr.
Jurisdiction
India
Judgment Date
26 April 2019
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against High Court's Order Dismissing Revision Against Rejection of Discharge Application
Outcome
Appeal allowed; appellant discharged from offence under Sections 504 and 506 IPC.
Legal Topics
Discharge Application, Criminal Intimidation, Intentional Insult, Surveyor Role in Insurance Dispute
Criminal Law Insurance Discharge Application Criminal Intimidation Intentional Insult Surveyor Role in Insurance Dispute

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Parties

Vikram Johar

Appellant

The State of Uttar Pradesh & Anr.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against High Court's Order Dismissing Revision Against Rejection of Discharge Application

Legal Issues

  1. 1 Whether the allegations in the complaint made out an offence under Sections 504 and 506 IPC against the appellant
  2. 2 Scope and power of the court in considering discharge applications under Sections 239 and 245 Cr.P.C.

Ratio Decidendi

The complaint allegations, taken at face value, did not satisfy the legal ingredients of Sections 504 and 506 IPC, hence the appellant was entitled to discharge, and the rejection of his discharge application by the Courts below was erroneous.

Court Disposition

Appeal allowed; appellant discharged from offence under Sections 504 and 506 IPC.

Orders

  • Judgment of the High Court dated 06.02.2017 and the order of Chief Judicial Magistrate dated 29.11.2016 are set aside.
  • The appellant stands discharged from the offences under Sections 504 and 506 IPC.