Supreme Court: Enforcing Civil Rights Through Injunction Order is Not Wrongful Restraint
In this Supreme Court judgment, the Supreme Court held that at the discharge stage, courts must sift evidence to determine if a "strong suspicion" exists. It clarified that an offence under Section 354C IPC requires capturing a "private act," which was absent. The Court further ruled that wrongful restraint is not made out if the accused bona fide believes in a lawful right to obstruct.
Facts Of The Case:
On March 19, 2020, a complaint/FIR was lodged by Ms. Mamta Agarwal against the appellant, Tuhin Kumar Biswas. The complainant alleged that on March 18, 2020, when she, along with her friend and workmen, attempted to enter a property in Salt Lake, Kolkata, the appellant intimidated them and restrained them from entering. It was further alleged that the appellant clicked her photogr...