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Supreme Court of India 2019-04-26 allowed

VIKRAM JOHAR vs THE STATE OF UTTAR PRADESH

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A surveyor appointed by an insurance company to assess a fire damage claim submitted a report recommending rejection of the claim due to misrepresentation by the claimant. The claimant later filed a complaint alleging the surveyor had threatened and abused him. The surveyor sought discharge from charges under Sections 504 and 506 IPC. The Supreme Court allowed his appeal, holding that the complaint allegations—merely that he came and abused the claimant—did not satisfy the statutory ingredients of these offences. Both provisions require specific intent and degree of insult/threat to provoke breach of peace. The Court discharged the surveyor, emphasizing that the complaint did not disclose sufficient grounds to proceed and reinstating the discharge provision's protective purpose against harassment.

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Criminal Procedure Discharge Application Criminal Intimidation Insult Complaint Case Insurance Claim Dispute

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