SC comes to rescue of UP engineer who faced assault with slipper from peon and cross FIR

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Court said that continuing the criminal proceedings for such an incident of trivial nature would be persecution and harassment.

The Supreme Court has come to the rescue of an assistant engineer of UP Power Corporation who allegedly faced assault with a slipper from a peon after an altercation on a petty issue in 2014 and suffered a cross FIR related to offences of voluntary causing hurt, criminal intimidation and intentional insult.

It said that continuing the criminal proceedings for such an incident of trivial nature would be persecution and harassment to the appellant.

A bench of Justices Sanjiv Khanna and Bela M Trivedi quashed the criminal proceedings pending against appellant Sunil Kumar in a court of Fatehpur by allowing an appeal against the Allahabad High Court order of March 13, 2018, which had dismissed his plea.

"Considering the nature of allegations against the appellant which are of very trivial nature and considering the fact that there is no progress made in the proceedings since the chargesheet was filed against the appellant in the year 2015, the Court is of the opinion that continuing the proceedings would be a persecution and harassment to the appellant," the bench said.

The court also felt that such a petty incident that took place in their office should have been resolved by the parties on that day itself, instead of stretching it so far.

It also noted that the alleged incident had taken place on September 11, 2014 in the office of the appellant, and the chargesheet was filed in the Court of Chief Judicial Magistrate, Fatehpur against the appellant in respect of the complaint filed by the peon.

The case is pending without trial since 2015 in the said court, the court said.

The bench which also issued notice to the peon found that nobody appeared before it despite service of notice, said, "Possibly, he has nothing to say and object".

As per facts of the matter, the appellant on September 11, 2014 lodged an FIR before the Inspector In Charge, Kotwali Sadar, District Fatehpur alleging, inter alia, that an altercation had taken place between him and the peon in connection with some articles to be given to one consumer from the store. The peon suddenly got annoyed and started abusing and threatening the appellant, and also tried to assault him with his slipper. 

On the next day, the peon also lodged a complaint against the appellant before the police station in respect of the said incident and alleged that the appellant had assaulted, abused and also threatened to kill him. After the investigation, a charge sheet was filed against the appellant.