Penal Code, 1860 – ss.294(b), 341 – When not attracted – Verbal altercation between parties on excessive flow of waste water in the society – Complaint filed by respondent for offences u/ss.294(b), 341 – Application filed by appellants for quashing of criminal proceedings, rejected by High Court – On appeal, held: All that has been averred in the complaint is that the appellant hurled unparliamentary words towards the complainant – s.294(b) talks about the obscene acts and songs – The test of obscenity u/s.294(b) is whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences – Mere utterance of obscence words not sufficient – There must be further proof to establish that it was to the annoyance of others, which is lacking in the present case – Mere abusive, humiliating or defamative words by itself cannot attract offence u/s.294(b) – In the present case, the absence of words which will involve some lascivious elements arousing sexual thoughts or feelings or words cannot attract the offence u/s.294(b)– No one spoke about the obscene words – In absence of legal evidence showing that the words uttered by the appellants annoyed others, the ingredients of the offence u/s.294(b) not made out – Further, averments in the complaint are not sufficient to even constitute the offence of wrongful restraint u/s.341 – No case made out against the appellants as alleged by the complainant – Impugned order set aside – Pending criminal proceedings quashed – Code of Criminal Procedure, 1973 – ss.482, 190(1), 204.
Penal Code, 1860 – ss.294(b), 341 – Test of obscenity u/s.294(b); ingredients to constitute offence of wrongful restraint u/s.341 – Discussed.
Code of Criminal Procedure, 1973 – ss.190(1), 204 – Held: Taking cognizance of an offence u/s.190(1) and issue of process u/s.204 are judicial functions and require judicious approach – Issuance of process must be preceded by an application of judicial mind to the material before the court to determine if there is ground for proceedings against the accused – If the allegations made in the complaint are too vague and general without giving any material particulars of the offence alleged then the order of the Magistrate issuing process on the basis of the complaint would not be justified as there must be material prima facie, for issuance of process. P. T. Chacko v. Nainan 1967 KLT 799 – approved.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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