Unparliamentary words against police: HC quashes criminal case

NT Correspondent

Bengaluru: The High Court of Karnataka has quashed the case against two individuals who were charged in a criminal case for, among other things, using unparliamentary words against police officials.

The two persons from Channapatna, Ramanagar, were charged after they allegedly responded with force to the police questioning them for keeping open their eatery at late hours.

The crime was registered in 2020 after Syed Esa Ibrahim and Mujahid Mehdi kept a hotel running beyond 11.30 pm and when the police enquired “the accused abused them with unparliamentary words, and threatened them with dire consequences and restrained them from discharging their official duties.”

The two were booked under Section 188 (Disobedience to order), Section 341 (Wrongful restraint), Section 349 (Force), Section 350 (Criminal force), and Section 353 (Criminal force against a public servant) of the Indian Penal Code (IPC).

The two approached the High Court against this case pending before the Additional Civil Judge and JMFC, Channapatna. The Government advocate argued that the veracity of the allegations can be considered only at the time of trial, and therefore the petition of the accused should not be allowed.

After hearing the arguments of both sides, Justice Hemant Chandangoudar held that the allegations did not hold water. The Court said that there was no use of force or assault on the police.

“To constitute an offence under Section 353 of IPC, a person must have assaulted or used criminal force in deterring the public servant from discharging the official duties. In the instant case, there is no allegation, much less, any material against the petitioners herein, either assaulting or using criminal force, to deter the police personnel from discharging their duties, except that the petitioners abused and threatened the police personnel which does not satisfy the requirement of Sections 349 and 350 of IPC.”

As for Section 188, the HC said that cognizance of this offence can be taken only upon a complaint in writing by the officers under Section 189. The HC also found that the allegation under Section 341 was also not substantiated.

“To constitute an offence under Section 341 of IPC, a person must have wrongfully restrained another person from proceeding beyond circumstantial limits. In the instant case, there is no allegation or material that the petitioners restrained the police personnel from proceeding beyond circumstantial limits, except the allegation that they restrained the police personnel from discharging their duties,” it said.

Allowing the petition and quashing the proceedings pending before the lower court, the HC said, “In view of the preceding analysis, the continuation of the criminal proceedings would not sub[1]serve the ends of justice.” (Crlp 10483/2022)