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5. He further submits that the charge sheet material discloses the commission of the offences , and the veracity of the allegations can be gone into only at the time of trial,, and sought for dismissal of the petition.

6. Considered the submissions of the learned counsel for the parties.

NC: 2023:KHC:41915 Section 354D of the Indian Penal Code deals with the offense of stalking. To constitute an offense under Section 354D, certain essential elements must be satisfied:

6. Criminal intent: The accused must have the intention to cause the victim to fear for their safety or the safety of others, or to cause emotional distress or harm.

7. In the instant case, the allegation is that, the petitioner without permission entered the M.S. Building to visit the respondent No.2, and there is no allegation that, the petitioner repeatedly followed the respondent No.2 to foster personal interaction repeatedly despite a clear indication of disinterest by the respondent No.2. Even accepting the allegations against the Petitioner on the face of it, the same does not satisfy the essential element to constitute the offence punishable under Section 354D. Therefore, the continuation of criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: