AIROnline 2025 SC 358

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Joymalya Bagchi , JJ

(A) Criminal P.C. (2 of 1974) , S.190— Cognizance of offence - Prima facie case - Offence of assault or criminal force to deter public servant from discharge of duty - Accused were members of a social organization, who accompanied a team of Labour Enforcement Officers during inspection of a brick kiln in connection with allegations of bonded and child labour - While accused believed that statements should be recorded at police station, officers wanted to record same on site -According to officers , accused moved labourers and children in a dumper to police station before their statements could be recorded - Accused had earlier allegedly sent a fax to District Magistrate stating that labourers were illegally released due to intervention of kiln owner - Uncontroverted allegations did not disclose use of force or holding out threatening gestures giving rise to an apprehension of use of force towards public servant - Physical movement of labourers would not amount to use of force far less criminal force on a public servant - Fact that appellants were trying to ensure effective investigation, indicated absence of mens rea - Order taking cognizance was liable to be set aside Penal Code (45 of 1860) , S.353— (Para 12 13 14 24 25) ....