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As per case facts the appellants working for an anti-human trafficking NGO were charged with obstruction and assault of a public servant Sections IPC following a raid on a brick
...kiln where they allegedly took rescued laborers before officials could record statements The High Court refused to quash the charge sheet leading to the appeal The question arose whether the uncontroverted allegations disclosed the ingredients of offenses under Sections and IPC or if the proceeding was an abuse of process Finally the Supreme Court held that the allegations did not disclose the ingredients of Section IPC as there was no 'criminal force' or 'assault' For Section IPC the lack of requisite criminal intention mens rea due to a genuine difference of opinion combined with procedural flaws no prior magisterial permission for the non-cognizable offense and cognizance taken on a police report violating Section Cr P C rendered the entire prosecution an abuse of the process of law quashing the case
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