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B.V. Ram Kumar Vs. State of Telngana and Anr.

  Supreme Court Of India SLP(Crl.) No(s). 7887 of 2024
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Case Background

The appellant, B.V. Ram Kumar, is challenging the judgment of the High Court of Telangana which dismissed his petition to quash the chargesheet against him.

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Document Text Version

2025 INSC 194 REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). OF 2025

(Arising out of SLP(Crl.) No(s). 7887 of 2024)

B.V. RAM KUMAR .…APPELLANT(S)

VERSUS

STATE OF TELANGANA AND AN OTHER ….RESPONDENT(S)

J U D G M E N T

Mehta, J.

1. Heard.

2. Leave granted.

3. The instant appeal by special leave preferred by the appellant

takes exception to the judgment dated 3

rd May, 2024, passed by

the High Court of Judicature for the State of Telangana at

Hyderabad

1 in Criminal Petition No. 11653 of 2022, whereby the

learned Single Judge dismissed the petition under Section 482 of

1

Hereinafter, referred to as the “High Court”.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

2

the Code of Criminal Procedure, 1973

2 preferred by the appellant,

seeking quashment of the chargesheet in Case Crime No. 1771 of

2022, submitted against the appellant for the offences punishable

under Sections 269, 270 and 504 of the Indian Penal Code, 1860

3

before the Court of learned XI Additional Chief Metropolitan

Magistrate, Hyderabad

4.

Brief facts: -

4. Respondent No. 2(complainant) was working as an Assistant

Professor, Pediatrics in National Institute for Empowerment of

Persons with Intellectual Disabilities, Secunderabad

5. On 2

nd

February, 2022, the complainant was called by the appellant,

through his attender, to come to his chamber. During the time,

appellant was discharging his duties as Officiating Director of the

Institute(workplace). It is alleged that no sooner the complainant

entered the chamber of the appellant, he started addressing her in

a high-pitched voice reprimanding her for having filed complaints

against him to the higher authority. The complainant immediately

protested and apprised the appellant that as she had just

2

For short, ‘CrPC’.

3

For short ‘IPC’.

4

Hereinafter, referred to as “trial Court”.

5

For short ‘Institute(workplace)’.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

3

recovered from Covid-19 virus and was continuously facing

various medical issues, he must refrain from raising his voice at

her. Immediately thereafter, her hands began to tremble and she

started sweating profusely. She left the chamber of the appellant

stating that she would submit a written reply in this regard.

5. The complainant filed a complaint against the appellant on

the same day, pursuant to which an FIR

6 came to be registered on

5

th February, 2022 at Police Station, Bowenpalli, Hyderabad for

the offences punishable under Sections 269, 270, 504 and 354,

IPC. Investigation was commenced and statements of various

witnesses were recorded. The Investigating Officer submitted a

chargesheet dated 27

th September, 2022, against the appellant in

the Court concerned for the offences punishable under Sections

269, 270 and 504, IPC. It was primarily alleged in the chargesheet

7

that the appellant failed to provide and maintain adequate PPE kits

and gloves in the Institute(workplace), which posed a great risk of

spreading infectious diseases such as Covid-19. The trial Court

took cognizance of the above offences and summoned the

appellant. Aggrieved by the chargesheet and the cognizance taken

6

FIR No. 65 of 2022.

7

Case Crime No. 1771 of 2022.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

4

by the trial Court, the appellant preferred a criminal petition

8

under Section 482, CrPC before the High Court , seeking

quashment of proceedings sought to be taken against him in Case

Crime No. 1771 of 2022.

6. The High Court, while dismissing the above criminal petition,

held that there was no merit in the quashing petition filed by the

appellant. It further opined that as the allegations against

appellant were serious in nature, therefore, the true facts of the

case required to be elicited and proved during the trial before the

trial Court. Accordingly, the quashing petition came to be

dismissed vide order dated 3

rd May, 2024, which is assailed in the

present appeal by special leave.

Submissions on behalf of the appellant: -

7. Learned counsel for the appellant submitted that the

proceedings of the criminal case registered against him

tantamount to sheer abuse of the process of law, being initiated

maliciously, with an ulterior motive and a mala fide intent. To

buttress his submissions, learned Counsel stated that similar

complaints were also made by the complainant to the concerned

8

Criminal Petition No. 11653 of 2022.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

5

Ministry, which had sought reply from the appellant. As on date,

all these complaints have been closed being satisfied with the reply

of the appellant.

8. Learned counsel further contended that even if the

allegations in the FIR and chargesheet are accepted to be true and

taken on their face value, they lack the basic ingredients to

constitute the offences set out therein. These allegations do not

make out a prima facie case against the appellant. The alleged act

of speaking in a brusque manner by the appellant, even if accepted

on the face value, was without any mens rea as he was only making

a query from the complainant about her lackadaisical and lazy

approach towards the discharge of duties in the

Institute(workplace). Numerous complaints were made on behalf

of the students and their parents against the complainant for not

being available during the duty hours. These complaints were

pending with the appellant while he was discharging his duties as

Officiating Director of the Institute(workplace) and the query which

the appellant made from the complainant in his chamber was in

this regard only, and was without any mala fide intent. He also

urged that the chargesheet filed against the appellant lacks the

fundamental facts and material constituting the necessary

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

6

ingredients of the offences for which the appellant has been

summoned.

On these grounds, learned counsel for the appellant urged

this Court to accept the appeal, set aside the impugned judgment

and quash the proceedings of the criminal case pending against

the appellant in the trial Court pursuant to the impugned

chargesheet.

Submissions on behalf of the respondents: -

9. Per contra, learned counsel for the complainant contended

that the High Court was justified in dismissing the quashing

petition filed by the appellant as it was sans merit. The contents of

the FIR and the chargesheet make out a prima facie case of a

continuous harassment of the complainant by the appellant. He

was in the habit of maltreating the complainant before her clients

and other office staff. To buttress this contention, learned Counsel

has placed reliance on the deposition of witnesses examined by the

police during investigation who have supported the version of the

complainant with respect to the verbal altercation that had taken

place on 2

nd February, 2022, between the complainant and

appellant.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

7

10. Learned counsel further contended that the act/omissions on

behalf of the appellant as the Director, in not maintaining and

providing adequate supplies of PPE kits, masks and sanitizers,

make out a prima facie case for the offences under which he has

been charge-sheeted by the police.

On these grounds, learned counsel for the complainant

implored this Court to refrain from interfering with the impugned

judgment and dismiss the appeal.

11. The learned standing counsel appearing for the State of

Telangana also adopted the submissions of the complainant’s

counsel and prayed for dismissal of the appeal.

Analysis and Conclusion:

12. We have given our thoughtful consideration to the arguments

advanced at bar and have gone through the impugned judgment

and the material placed on record.

13. The case of the complainant is primarily based on the

allegation that the appellant used to unjustifiedly scold and

reprimand her in front of the other employees of the

Institute(workplace). She lodged an FIR for the offences punishable

under Sections 269, 270, 504 and 354, IPC against the appellant,

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

8

which led to the submission of the chargesheet dated 27

th

September, 2022, for the offences under Sections 269, 270 and

504, IPC. However, section 354 of IPC, which was incorporated in

the FIR, was deleted from the chargesheet on the ground that it

became clear during the investigation that there was no attempt to

outrage the modesty of the complainant.

14. The position of law is well settled by catena of judgments of

this Court that in order to entertain a challenge to the FIR,

chargesheet or an order taking cognizance, all that has to be seen

is, whether from a bare reading of the chargesheet, the ingredients

of the sections charged therein are being prima facie made out or

not. Reference in this regard may be made to the judgment of this

Court in State of Haryana v. Bhajan Lal,

9 wherein it was held

that:-

“102. In the backdrop of the interpretation of the various

relevant provisions of the Code under Chapter XIV and of the

principles of law enunciated by this Court in a series of

decisions relating to the exercise of the extraordinary power

under Article 226 or the inherent powers under Section 482 of

the Code which we have extracted and reproduced above, we

give the following categories of cases by way of illustration

wherein such power could be exercised either to prevent abuse

of the process of any court or otherwise to secure the ends of

justice, though it may not be possible to lay down any precise,

clearly defined and sufficiently channelised and inflexible

guidelines or rigid formulae and to give an exhaustive list of

myriad kinds of cases wherein such power should be exercised.

9

1992 Supp (1) SCC 335.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

9

(1) Where the allegations made in the first information

report or the complaint, even if they are taken at their face

value and accepted in their entirety do not prima facie

constitute any offence or make out a case against the

accused.

(2) Where the allegations in the first information report and

other materials, if any, accompanying the FIR do not disclose a

cognizable offence, justifying an investigation by police officers

under Section 156(1) of the Code except under an order of a

Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR

or complaint and the evidence collected in support of the

same do not disclose the commission of any offence and

make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a

cognizable offence but constitute only a non-cognizable offence,

no investigation is permitted by a police officer without an order

of a Magistrate as contemplated under Section 155(2) of the

Code.

(5) Where the allegations made in the FIR or complaint are

so absurd and inherently improbable on the basis of which

no prudent person can ever reach a just conclusion that

there is sufficient ground for proceeding against the

accused.

(6) Where there is an express legal bar engrafted in any of the

provisions of the Code or the concerned Act (under which a

criminal proceeding is instituted) to the institution and

continuance of the proceedings and/or where there is a specific

provision in the Code or the concerned Act, providing

efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with

mala fide and/or where the proceeding is maliciously instituted

with an ulterior motive for wreaking vengeance on the accused

and with a view to spite him due to private and personal

grudge.”

(emphasis supplied)

Thus, it is trite that the constitutional courts are wholly

competent to exercise their extraordinary power to quash the

criminal proceedings to prevent abuse of the process of the Court

or otherwise to secure the ends of the justice if the allegations in

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

10

the FIR or complaint neither disclose the commission of any

offence nor make out a prima facie case against the accused.

15. In order to ascertain, whether appellant in the present case

has committed any offence punishable under Sections 269, 370

and 504, IPC, it is necessary to reproduce the allegations levelled

in the chargesheet filed against the appellant, which read thus:-

“On examination they all stated that the accused Mr. B.V. Ram

Kumar is of the said firm and he will strict with his official

works and there was some among them regarding Project Work

since last few days. On 02.02.2022 at about some argument

ensued among the LW-1 and accused. The accused warned

why she is not present in the allotment room; in turn she

replied to give the instructions in written. In this regard

there were loud shouting among Director Mr. B.V. Ram

Kumar and LW-1 Mrs. Mary Anurupa and the Smt. Jyothi

LW-7 who is the nurse had checked the BP of Mrs. Mary

Anurupa and Mr. B.V. Ram Kumar .

Further it came to know that due to inadequate supply of

PPE Kits and gloves to working staff, the staff may be

effected covid and due to the act of the accused there likely

to spread infection diseases dangerous to life and also

provoke breach of peace in the institution.

The facts and evidence collected during the course of

investigation it is elicited that the accused is the director of

NIMH. The accused Harassing the LW -1 mentally in her

working place, since from October, 2021 on one or other

pretext. On 02.02.2022 at 23.00 hours when she was seeing

(sic) her clients at CDEIC unit in NIEPID the accused sends his

attender and called the LW-1 to his chamber and asked her

whether she knows about conduct rules when she gave

complaint against him to higher authority and talking with her

in loud voice and shouted on her as she submitted (sic)

grievance related on him to her higher authorities on his

behaviour. The LW-1 suffered with covid and facing a lot of

Medical Issues and she should not shout as her hands

shivering and sweating and also breathing difficulty. The

accused used to call her to his chamber and scolding by

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

11

interfering in internal complaints. She was sincerely

affected with covid due to inadequate supply of PPE Kits

and gloves to working staff in early intervention and she

was in ICU and rejoined her duties. She had to face his

shouting and even during her medical leave he send memo

to reply for no mistake from her side. Due to the act off the

accused there likely to spread infection diseases dangerous

to life and also provoke breach of peace in the institution.

Thus, the acts of the accused BV Ra m (sic) Kumar has

committed an offence which liable to be punished U/sec.

269, 270 and 504 IPC.”

(emphasis supplied)

16. On a threadbare reading of the chargesheet, we find that the

highest allegation levelled against the appellant is that he had been

scolding the complainant in the Institute(workplace) and thereby

causing mental harassment to her since October, 2021. On 2

nd

February, 2022, at 11 o’clock in the night, while the complainant

was attending to her clients, the appellant called her to his

chamber. When the complainant entered the chamber of the

appellant, he raised his voice and asked her whether she knew

about the conduct rules before having submitted her grievance

related to him to the higher authorities. The chargesheet also

narrates that the complainant was affected by Covid-19 because

of the inadequate supply of PPE kits and gloves maintained by the

appellant as the Director of the Institute(workplace).

17. From the bare perusal of the chargesheet and documents

relied therein, apart from the fact that the allegations are purely

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

12

conjectural, by no stretch of imagination they can be considered

sufficient to constitute the ingredients of the offences under

Sections 269 and 270, IPC. The Investigating Officer seems to have

been unduly influenced by the sensitive situation prevailing during

Covid-19 and relied upon the bald allegations of the complainant,

who alleged that the appellant did not provide and maintain an

adequate supply of PPE kits and gloves for the working staff at the

Institute(workplace). The allegation with respect to failure to

maintain adequate supply of PPE kits and gloves stands refuted by

the statements of witnesses, namely Smt. K. Nagarani dated 8

th

February, 2022, working as Hindi Translator and Sh. Bharat Naik

dated 9

th February, 2022, working as Data Entry Operator at the

Institute(workplace), who have categorically stated during the

investigation that there was no shortage of supply of PPE kits,

masks or sanitizers at the Institute(workplace).

18. Admittedly, the appellant had called the complainant to his

chambers. When she entered, the appellant is alleged to have

raised his voice to ask her whether she had made sure about the

conduct rules before having submitted a complaint against him to

the higher authorities. We thus, fail to see how the Investigating

Officer was able to reach a conclusion that a simple verbal spat

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

13

which took place between the appellant and complainant in the

chamber of the appellant would make the former liable under

Section 504, IPC. At best, what can be inferred from the

allegations is that the appellant spoke to the complainant in a loud

voice and a belligerent tenor.

19. For appreciating the necessary ingredients required to

substantiate a charge under Section 504, IPC, a reference in this

regard may be made to the judgment of this Court in Fiona

Shrikhande v. State of Maharashtra ,

10 wherein the Court

discussed the essential ingredients of Section 504, IPC. The Court

held as follows: -

“13. Section 504 IPC comprises of the following ingredients viz. (a)

intentional insult, (b) the insult must be such as to give

provocation to the person insulted, and (c) the accused must

intend or know that such provocation would cause another to

break the public peace or to commit any other offence . The

intentional insult must be of such a degree that should provoke

a person to break the public peace or to commit any other

offence. The person who intentionally insults intending or knowing

it to be likely that it will give provocation to any other person and

such provocation will cause to break the public peace or to commit

any other offence, in such a situation, the ingredients of Section 504

are satisfied. One of the essential elements constituting the

offence is that there should have been an act or conduct

amounting to intentional insult and the mere fact that the

accused abused the complainant, as such, is not sufficient by

itself to warrant a conviction under Section 504 IPC.”

14. We may also indicate that it is not the law that the actual words

or language should figure in the complaint. One has to read the

complaint as a whole and, by doing so, if the Magistrate comes to a

conclusion, prima facie, that there has been an intentional insult so

10

(2013) 14 SCC 44.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

14

as to provoke any person to break the public peace or to commit any

other offence, that is sufficient to bring the complaint within the

ambit of Section 504 IPC. It is not the law that a complainant should

verbatim reproduce each word or words capable of p rovoking the

other person to commit any other offence. The background facts,

circumstances, the occasion, the manner in which they are used,

the person or persons to whom they are addressed, the time, the

conduct of the person who has indulged in such acti ons are all

relevant factors to be borne in mind while examining a complaint

lodged for initiating proceedings under Section 504 IPC.”

(emphasis supplied)

20. Thus, upon reading the complaint as a whole, if the

Magistrate comes to a conclusion, prima facie, that there has been

an intentional insult made by the accused to the complainant so

as to provoke the latter to break the public peace or to commit any

other offence, then only the act complained of would fall within the

ambit of Section 504, IPC. The law does not mandate that the

complainant should verbatim reproduce each word or words

capable of provoking him/her to commit breach of peace or any

other offence. The background facts, circumstances, the occasion,

the manner in which the offending words are used, the person to

whom they are addressed, the time, the conduct of the person who

has indulged in such actions are all relevant factors to be borne in

mind while examining a complaint lodged for initiating proceedings

under Section 504, IPC.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

15

21. Further, this Court in the case of Mohammad Wajid v. State

of U.P.,

11 while discussing Section 504, IPC, propounded the test

for considering the circumstances wherein, an abusive language

takes the form and shape of an intentional insult and held thus:-

“28. Section 504 of the IPC contemplates intentionally

insulting a person and thereby provoking such person

insulted to breach the peace or intentionally insulting a

person knowing it to be likely that the person insulted may

be provoked so as to cause a breach of the public peace or

to commit any other offence. Mere abuse may not come

within the purview of the section. But, the words of abuse in

a particular case might amount to an intentional insult

provoking the person insulted to commit a breach of the public

peace or to commit any other offence. If abusive language is

used intentionally and is of such a nature as would in the

ordinary course of events lead the person insulted to break

the peace or to commit an offence under the law, the case

is not taken away from the purview of the Section merely

because the insulted person did not actually break the

peace or commit any offence having exer cised self-control

or having been subjected to abject terror by the offender. In

judging whether particular abusive language is attracted by

Section 504, IPC, the court has to find out what, in the ordinary

circumstances, would be the effect of the abusive language

used and not what the complainant actually did as a result of

his peculiar idiosyncrasy or cool temperament or sense of

discipline. It is the ordinary general nature of the abusive

language that is the test for considering whether the

abusive language is an intentional insult likely to provoke

the person insulted to commit a breach of the peace and

not the particular conduct or tempera ment of the

complainant.

29. Mere abuse, discourtesy, rudeness or insolence, may

not amount to an intentional insult within the meaning of

Section 504, IPC if it does not have the necessary element

of being likely to incite the person insulted to commit a

breach of the peace of an offence and the other element of

the accused intending to provoke the person insulted to

commit a breach of the peace or knowing that the person

insulted is likely to commit a breach of the peace. Each case

of abusive language shall have to be decided in the light of the

11

2023 SCC Online SC 951.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

16

facts and circumstances of that case and there cannot be a

general proposition that no one commits an offence under

Section 504, IPC if he merely uses abusive language against the

complainant.”

(emphasis supplied)

22. Needless to say, that mere abuse, discourtesy, rudeness or

insolence does not amount to an intentional insult within the

meaning of Section 504, IPC. Furthermore, it would be immaterial

that the person who has been insulted and provoked did not

actually break the peace or commit any offence.

23. Section 504, IPC consists of two parts. Firstly, the actus reus-

being the intentional insult which gives rise to the provocation.

Secondly, the mens rea, i.e., the intention or knowledge on the part

of the accused that such intentional provocation is likely to cause

the person insulted to break public peace or commit any other

offence. The animus nocendi in Section 504, IPC is that the accused

should ‘intentionally insult’ the other person with the intention or

knowledge that the provocation caused by such insult is likely to

result in the commission of breach of public peace or any other

offence by the person who has been so insulted. The offence is said

to be complete once the accused person makes ‘intentional insult’

with the aforesaid mens rea. Hence, intention or knowledge on the

part of accused person that his actions of making ‘intentional

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

17

insult’ have the potential to provoke the person insulted is sine qua

non for the commission of the offence under Section 504, IPC.

24. The natural corollary of the above discussion is that if the

accused does not intend to give provocation, the offence is not

made out. An insult without an ‘intention to insult’ is not

punishable under Section 504, IPC. Further, ‘intentional insult’

must be of such a degree that it has the potential to provoke a

reasonable person to break the public peace or to commit any

other offence.

25. It is trite that whether the person provoked further commits

an illegal act or not is immaterial to draw the conclusion of

culpability under Section 504, IPC. The ‘intentional insult’ and

provocation must be so proximate and close that the accused has

either the intention or the knowledge that the intentional insult

made by him is likely to cause the provoked person to break public

peace or commit some other offence. However, what would be the

nature of ‘intentional insult’ causing provocation, to draw

culpability under Section 504, IPC would depend upon the facts

and circumstances of each case. The test to be applied to

determine if the intentional insult made by the accused is

sufficient to cause provocation is that of a reasonable person, i.e.,

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

18

if the insult is sufficient to provoke any reasonable person to break

peace or commit any other offence, only then the accused will be

liable for the offence under Section 504, IPC.

26. In the case at hand, all that the chargesheet discloses is that

the appellant and the complainant had a verbal altercation which

became unbearable for the complainant owing to her medical

conditions. At the time of the incident, the appellant was

discharging his functions as the Director of the

Institute(workplace) and he was therefore, entrusted with the

administration and management of the entire Institute(workplace)

and in addition, he was required to discharge his own professional

obligations as a m edical professional to both the

Institute(workplace) and the society at large. It is, therefore, a

reasonable expectation on the part of a person, who caters to the

affairs at the helm, that his juniors should attend to the

professional affairs of the Institute(workplace) with utmost

sincerity and dedication. We are equally cognizant of the

circumstances that existed during the times of Covid-19 pandemic

and the pressure on the medical professionals was multiplied

manifold, therefore, in our view it was reasonable for the appellant

to contemplate similar expectations from his juniors/associates.

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

19

27. Furthermore, it is also pertinent to note the fact that

complaints with respect to indiscipline in the Institute(workplace)

were already pending with the office of the Director of the

Institute(workplace). In addition, the appellant while discharging

his duties as Director had received numerous complaints from the

parents of students against the complainant about negligence in

the discharge of her duties. In this backdrop, there was nothing

out of ordinary for the person in charge of the

Institution(workplace) to call such subordinate to the chambers

and reprimand them in order to restore discipline in the

Institute(workplace). The intention behind this was simply to

control the perceived indiscipline of the subordinates who were

alleged to be shirking from the performance of their duties and

were displaying lethargic, lackadaisical and laid-back approach

towards the profession. If such a behaviour is not checked by

superior officers, who have been entrusted with the task of

administration, it could lead to become a premium for other

employees to follow suit.

28. In the facts and circumstances of the present case ,

appellant’s act of reprimanding the complainant cannot by any

stretch of imagination be treated to be an ‘intentional insult’ meted

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

20

out to the complainant so as to provoke her to commit breach of

peace or any other offence. If the interpretation advanced from the

side of prosecution and the complainant is accepted, it may lead

to gross misuse of liberty in workplaces. Therefore, in our opinion,

senior’s admonition cannot be reasonably attributed to mean an

‘intentional insult with the intent to provoke’ within the means of

Section 504, IPC, provided that the admonition relates to the

matters incidental to the workplace covering discipline and the

discharge of duties therein.

29. From a perusal of the impugned chargesheet and the

statements recorded by the Investigating Officer during the course

of investigation, it is discernible that the appellant has been roped

in the present criminal proceedings on account of his strict

demeanour and the tendency to maintain discipline which is

reasonably expected of individuals who serve a noble vocation of a

medical profession while also serving as the head of the Institution

during the difficult time of Covid-19 pandemic. Therefore, we are

of the firm view that allowing criminal charges to be pressed

against the individual being the Director of the Institute(workplace)

for trying to maintain discipline may lead to disastrous

consequences crippling the entire disciplinary atmosphere

Criminal Appeal @ SLP(Crl.) No(s). 7887 of 2024

21

required in the workplace. We do not find existence of the

necessary ingredients constituting the offences applied in the

chargesheet so as to allow further prosecution of the appellant and

hence, it is a fit case to quash the criminal proceedings initiated

against the appellant.

30. As a consequence of the discussion made hereinabove, the

impugned judgment dated 3

rd May, 2024, passed by the High

Court for the State of Telangana at Hyderabad is quashed and set

aside. Resultantly, the impugned chargesheet being CC No. 1771

of 2022 for offences punishable under Sections 269, 270 and 504,

IPC filed before the Court of learned XI Additional Chief

Metropolitan Magistrate at Hyderabad and all the proceedings

sought to be taken thereunder against the appellant are hereby

quashed.

31. The appeal is allowed accordingly.

32. Pending application(s), if any, shall stand disposed of.

………………….……….J.

(SANJAY KAROL )

………………………….J.

(SANDEEP MEHTA)

New Delhi;

February 10, 2025.

Description

Supreme Court Quashes Criminal Proceedings, Offering Crucial Clarity on Workplace Harassment under Section 504 IPC

In a significant ruling that underscores the judiciary's role in preventing the misuse of criminal law, the Supreme Court of India recently delivered a judgment in the case of B.V. Ram Kumar v. State of Telangana, identified as 2025 INSC 194. This decision, now prominently featured on CaseOn, sets a vital precedent for **Supreme Court Quashing Criminal Proceedings** and provides profound insights into the **Workplace Harassment under Section 504 IPC** by clarifying the nuanced distinction between a senior’s disciplinary actions and criminal intent. Legal professionals following developments on CaseOn will find this case particularly insightful for its careful deliberation on what constitutes an 'intentional insult' in a professional setting.

Case Summary: B.V. Ram Kumar v. State of Telangana

This case arose from a dispute between B.V. Ram Kumar, the appellant and Officiating Director of the National Institute for Empowerment of Persons with Intellectual Disabilities (NIEPID), and Respondent No. 2, an Assistant Professor. The complainant alleged that on February 2nd, 2022, the appellant reprimanded her in a high-pitched voice for filing complaints against him and for alleged negligence in her duties. She claimed this incident caused her distress, especially as she was recovering from Covid-19. Following this, an FIR was registered against the appellant under Sections 269, 270, 504, and 354 of the Indian Penal Code (IPC). However, Section 354 IPC was later dropped. The Investigating Officer submitted a chargesheet, and the trial court took cognizance. The appellant’s petition to quash these proceedings was dismissed by the High Court of Telangana, leading him to appeal to the Supreme Court.

The Legal Issues at Hand

Was a Senior's Reprimand a Criminal Offence?

The central issue revolved around whether the appellant's actions – calling the complainant to his chamber and admonishing her in a loud voice regarding disciplinary matters and alleged negligence – could be considered an 'intentional insult' with the intent to provoke a breach of public peace, as defined by Section 504 IPC. The appellant contended that his actions were part of his duty as Director to maintain discipline, not malicious.

The Adequacy of PPE Allegations

Another significant issue was whether the allegations regarding the appellant's failure to provide adequate PPE kits and gloves, contributing to the spread of infectious diseases like Covid-19, could constitute offences under Sections 269 and 270 IPC. The appellant argued that these claims were baseless and refuted by witness statements.

Legal Principles and Precedents (The Rule)

Power to Quash Criminal Proceedings (Section 482 CrPC)

The Supreme Court reiterated its well-established power under Section 482 of the Code of Criminal Procedure (CrPC) to quash criminal proceedings. It referenced the landmark judgment in *State of Haryana v. Bhajan Lal (1992)*, which laid down various categories of cases where such power can be exercised. These include situations where allegations, even if taken at face value, do not *prima facie* constitute an offence, or where proceedings are initiated with a *mala fide* intent.

Interpreting "Intentional Insult" (Section 504 IPC)

For Section 504 IPC, the Court highlighted the essential ingredients: (a) an intentional insult, (b) the insult must be such as to give provocation to the insulted person, and (c) the accused must intend or know that such provocation would cause a breach of public peace or another offence. The Court referred to *Fiona Shrikhande v. State of Maharashtra (2013)* and *Mohammad Wajid v. State of U.P. (2023)*, emphasizing that 'mere abuse, discourtesy, rudeness or insolence' does not suffice. The insult must be of a degree likely to provoke a reasonable person to break the public peace, and the *animus nocendi* (intention to cause harm) is crucial.

The Supreme Court's Analysis

Allegations under Sections 269 & 270 IPC Deemed Conjectural

The Court carefully scrutinized the chargesheet and found that the allegations under Sections 269 and 270 IPC were purely speculative. The claim that the appellant failed to provide adequate PPE kits and gloves, leading to the spread of Covid-19, was deemed conjectural. Crucially, the Court noted that witness statements from employees like Smt. K. Nagarani and Sh. Bharat Naik explicitly refuted any shortage of PPE, masks, or sanitizers at the Institute. Thus, no *prima facie* case was made out for these sections.

Section 504 IPC: A Stern Look at Workplace Dynamics

Regarding Section 504 IPC, the Supreme Court meticulously analyzed the context of the alleged verbal altercation. It acknowledged that the appellant, as the Director, was responsible for administration and discipline, especially during the challenging Covid-19 pandemic. Complaints regarding the complainant's indiscipline and negligence from students and parents were already pending with the appellant. In this professional backdrop, the Court held that the appellant's act of reprimanding a subordinate for disciplinary reasons, even in a loud voice, could not be stretched to constitute an 'intentional insult with the intent to provoke a breach of peace'. The Court stressed that differentiating between legitimate workplace admonition and criminal acts is critical to prevent the gross misuse of liberty. It firmly stated that a senior's disciplinary remarks, if related to workplace matters and duty discharge, cannot reasonably be attributed with the criminal intent required by Section 504 IPC. The Supreme Court underscored that allowing such criminal charges for strict demeanor or attempts to maintain discipline would lead to disastrous consequences, crippling the disciplinary atmosphere in workplaces. Legal professionals often grapple with such complex interpretations, and *CaseOn.in's 2-minute audio briefs* provide an invaluable tool for quickly grasping the essence and implications of specific rulings like this, aiding in swift and accurate legal analysis.

Conclusion of the Judgment

Based on its detailed analysis, the Supreme Court concluded that the necessary ingredients for offences under Sections 269, 270, and 504 IPC were not met. Consequently, the Court allowed the appeal, quashed and set aside the High Court's judgment dated May 3rd, 2024. All proceedings against the appellant in Case Crime No. 1771 of 2022, including the chargesheet, were hereby quashed.

Why This Judgment Matters for Lawyers and Students

This Supreme Court judgment is an essential read for lawyers, legal professionals, and students alike for several reasons:
  • Clarifies Section 504 IPC: It provides crucial clarity on the high threshold required to invoke Section 504 IPC, especially in professional settings, emphasizing the need for 'intentional insult' and 'intent to provoke' a breach of peace.
  • Protects Workplace Discipline: The ruling safeguards the authority of senior management to enforce discipline without the constant fear of criminal prosecution for routine admonitions, which is vital for organizational efficiency.
  • Reinforces Quashing Powers: It reiterates the principles from *Bhajan Lal*, serving as a reminder of the constitutional courts' power to prevent the abuse of the legal process.
  • Differentiates Civil/Service Disputes from Criminal Acts: The judgment helps in distinguishing between workplace grievances that might fall under service law or civil remedies and those that genuinely warrant criminal intervention.
  • Evidentiary Standards: It highlights the importance of concrete evidence over speculative allegations, particularly for offences under Sections 269 and 270 IPC.
This case acts as a significant guide for understanding the boundaries of criminal liability in workplace interactions and the judicious exercise of judicial powers.

Disclaimer

All information provided in this blog post is for informational purposes only and does not constitute legal advice. While efforts are made to ensure accuracy, readers should consult with a qualified legal professional for advice on specific legal issues.

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