ANIRUDDHA BAHAL Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure challenging the order of the learned Additional Sessions Judge dated 9. 6. 2009 whereby he partly allowed the revision petition filed by the respondent and directed trial of the petitioner under Section 353 of IPC.

(2.) A perusal of the FIR lodged by Shri N. S. Kharayat, Deputy S. P. CBI would show that some officials of Tehlka. com were to be examined in the case registered vide RC 1 (S)2001-CBI-S/c-IV. He thereupon called the office of tehlka. com firstly on 31. 7. 2002 and then on 1. 8. 2002. When he called on 1. 8. 2002, he was asked to call up on 2. 8. 2002. When he called up on 2. 8. 2002 he spoke to the petitioner Anirudh Behl and explained to him that some officials of Tehlka. com were to be examined. The petitioner asked him to come to his office at about 11:30 a. m. on 5. 8. 2002. The complainant accordingly went to the office of Tehlka. com at D-1, Soami Nagar, on 5. 8. 2002 and was taken to the office chamber of the complainant. The petitioner explained the purpose of his visit to the petitioner. On hearing him, the petitioner got infuriated and started abusing him and CBI. When the complainant requested him to behave properly, he again abused him and thereafter he got up from his chair in a menacing manner, caught hold of the hand of the complainant and asked him to get out. He again abused the complainant, pushed him out of the office and asked him not to visit his office in future.

(3.) THE following requirements are to be satisfied before Section 353 of IPC can be invoked:-