CRL.O.P.No. 9924 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.9924 of 2023
1.Siranjivi @ Siranjividharuman
2.Captain Prabakaran ... Petitioners
Vs.
The Sub Inspector of Police,
Thiruthani Police Station,
Thiruthani, Thiruvallur District. ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records pertaining to C.C.No.2048 of 2013 on the file of
the V Metropolitan Magistrate, Egmore, Chennai and quash the same.
For Petitioners : Mr.P.Muthamizhselvakumar
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Crl. Side)
ORDER
This Petition has been filed to quash the proceedings in Crime No.17 of 2023 on the file of the respondent for the offences under Sections 294(b) of IPC r/w 7(1)(a) of Criminal Law Amendment Act, 2005, as against the petitioners.
2. The case of the prosecution is that on 13.01.2023 at about 10.30 https://www.mhc.tn.gov.in/judis Page 1 of 5 CRL.O.P.No. 9924 of 2023 hours, the complainant as well as the defacto complainant was in the usual beat duty along with the police party in the Thiruthani bus terminal and other areas. At that time, the respondent was found that the petitioner was standing on the road corner at Thiruthani bus terminals and abused the General public and while the arrival of the respondent, they tried to escape. At the time, the respondent secured the petitioners and inquired regarding the same which reveals that the petitioners prepared themselves to attack the general public and had weapons for the same. The respondent secured the petitioners in order to prevent them to indulge the unlawful activities and registered a case in Crime No.17 of 2023 for the offences under Sections 294(b) r/w section 7(1)(a) of Criminal Law Amendment Act, 1934.
3. To attract the offence under Section 294(b) of IPC, there must be an uttering of words to affect the person who lodged the complaint. In this regard it is relevant to extract the Section 294(b) of IPC, as follows :-
"294. Obscene acts and songs —Whoever, to the annoyance of others— (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with https://www.mhc.tn.gov.in/judis Page 2 of 5 CRL.O.P.No. 9924 of 2023 both."
Admittedly, there is absolutely no words uttered by the petitioners as such to constitute the offence under Section 294(b) of IPC, there is no averments and allegations. Further the charges do not show that on hearing the obscene words, which were allegedly uttered by the petitioners, the witnesses felt annoyed. No one has spoken about the obscene words, they felt annoyed and in the absence of legal evidence to show that the words uttered by the petitioners annoyed others, it can not be said that the ingredients of the offence under Section 294(b) of IPC is made out.
4. It is relevant to rely upon the judgment reported in 1996(1) CTC 470 in the case of K.Jeyaramanuju Vs. Janakaraj & anr., which held as follows :-
"To prove the offence under Section 294 of IPC mere utterance of obscence words are not sufficient but there must be a further proof to establish that it was to the annoyance of others, which is lacking in the case."
The above judgment is squarely applicable to the present case and therefore, the offence under Section 294(b) of IPC is not at all attracted as against the petitioners.
5. In view of the above discussion, this Criminal Original Petition is https://www.mhc.tn.gov.in/judis Page 3 of 5 CRL.O.P.No. 9924 of 2023 allowed and Crime.No.17 of 2023 on the file of the Inspector of Police, Tiruthani Police Station, Thiruthani, Tiruvallur District is hereby quashed. Consequently, connected miscellaneous petition is closed.
04.05.2023 nl Internet:Yes/No Index :Yes/No Speaking/Non speaking order To
1.The Sub Inspector of Police, Thiruthani Police Station, Thiruthani, Thiruvallur District.
2.The Public Prosecutor, High Court of Madras, Chennai.
https://www.mhc.tn.gov.in/judis Page 4 of 5 CRL.O.P.No. 9924 of 2023 G.K.ILANTHIRAIYAN, J.
nl Crl.O.P.No.9924 of 2023 04.05.2023 https://www.mhc.tn.gov.in/judis Page 5 of 5