Bombay High Court
Akshay S/O Panjab Chavhan And Another vs State Of Mah. Thr. Pso Ps Civil Lines ... on 17 October, 2024
Author: Vinay Joshi
Bench: Vinay Joshi
2024:BHC-NAG:11675-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 524 OF 2024
1. Akshay s/o Panjab Chavan,
Age 24 yrs, Occ. Student,
R/o. At Post Dahegaon Gawande,
Tah and District Akola
2. Abhijeet Awatar Tayade,
Age 26 yrs, Occ. Student,
R/o. Goregaon Kh. Akola,
District Akola ...... APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
Through Police Station Officer,
Police Station Civil Lines, Akola
Tah. Akola, District Akola
2. Sunil s/o Laxmanrao Khapre,
Aged 54 yrs, Occ. Service,
Po. H.C. Batch No. 33,
R/o. Police Station Civil Lines,
Akola, Tal and District Akola .....NON-APPLICANTS
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Mr. S.K. Wankhade, Advocate for applicants.
Mr. M.K. Pathan, APP for respondent No.1 /State
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CORAM:- VINAY JOSHI & ABHAY J. MANTRI, JJ.
DATE : 17.10.2024
JUDGMENT (Per : Vinay Joshi, J.)
1. Heard. Rule. Rule made returnable forthwith. Heard
finally with consent of learned Counsel for the parties.
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2. This is an application seeking to quash the criminal
prosecution bearing Regular Criminal Case No. 390/2024 arising
out of Crime No. 140/2024, registered with respondent No.1 Police
Station, for offence punishable under Section 509 read with Section
34 of the Indian Penal Code.
3. At the instance of report lodged by Police Constable,
crime has been registered. It is the prosecution case that at the
relevant time, two women made complaint that the applicants were
making indecent gestures with intention to insult their modesty and
therefore, the offence.
4. The learned Counsel appearing for the applicants would
submit that the First Information Report coupled with the statement
of both the women does not disclose us as to what are the sexual
gestures or the acts performed by the applicants. Though, the
learned APP resisted the application, he is unable to point out the
actual sexual gestures or the act performed by the applicants.
The learned Counsel for the applicants submits that the
applicant No. 1 Akshay Chavan is an aspirant to join the Indian
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Army for which he had received the call letter, copy of which is
produced on record. It is has submitted that due to pendency of this
proceedings, he may loose his job and the same would affect his
future.
5. Apart from that we have gone through the entire
material on record and the decision dated 2.7.2024 of Kerla High
Court in the case of Arun A Vs. State of Kerla (CRL. MC. No.
5613/2024). Similar issue is dealt with by the Kerla High Court
having the pari materia penal provision under Section 119(1)(a) of
the Kerla Police Act, 2011. Particularly our attention has been
invited to paragraph No. 6 of the said decision, which reads as
below:
"6. Reading Section 119(1)(a) of the KP Act, it has
been provided that, any person who, - (a)
performs, in public places, any sexual gestures or
acts degrading the dignity of women, is an offence.
Thus, performing of any sexual gestures or acts in
public places degrading dignity of women is the
essential ingredient to constitute an offence
punishable under Section 119(a) of the KP Act. If
the sexual gestures or acts performed by the
accused could not be discernible from the FIR,
Final Report or other materials, mere assumption
of the Detecting Officer as well as the Investigating
Officer that the accused performed or showed
sexual gestures or acts degrading the dignity of
women, keeping the gestures or acts in his mind in
secrecy, would not suffice to constitute an offence
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under Section 119(1)(a) of the KP Act".
On careful examination of the facts of the case, it is
evident that the material collected during the investigation could
not disclose as to what actual gestures or acts have been performed
by the applicants. In absence of the said essential ingredients the
prosecution would not sustain. In the circumstances, the
applicants have made out prima facie case to exercise our inherent
powers.
In view of the above, the application is allowed,
accordingly we proceed to pass following order:
i) Regular Criminal Case No. 390/2024 arising out of
Crime No. 140/2024, registered with respondent No.1
Police Station, for offence punishable under Section 509
read with Section 34 of the Indian Penal Code is hereby
quashed and set aside.
6. Steno copy granted.
(ABHAY J. MANTRI, J.) (VINAY JOSHI, J.)
Signed by: Mr. R. S. Belkhede R. Belkhede,
Designation: PA To Honourable Judge Personal Assistant
Date: 17/10/2024 18:48:46
