The Bombay High Court has dismissed a First Information Report (FIR) lodged against a man, his two sons, and a daughter for impeding the entry of a junior civic engineer.
The court ruled that simply informing public servants that court proceedings would be initiated and compensation sought did not amount to criminal intimidation, thus nullifying the charges.
The case revolved around an alleged illegally extended balcony, for which the BrihanMumbai Municipal Corporation (BMC) had issued a demolition notice to Firoz Alam Mir and his family. When the engineer and several civic officers arrived at their residence on September 30, 2020, the family reportedly refused them entry but mentioned the possibility of legal action and seeking compensation.
The FIR lodged against the Mirs invoked multiple sections of the Indian Penal Code, including assault, criminal intimidation, and unlawful assembly. However, the High Court concluded that the actions described in the FIR did not satisfy the criteria for invoking those sections. It emphasized that there was no evidence of assault, criminal force, or any intention to threaten the public servants' person, reputation, or property.
The court further clarified that the offense of criminal intimidation requires a genuine threat of bodily or reputational harm, which was absent in this case. While acknowledging that the family obstructed the officials from entering their premises, the court found no basis for the charges pressed against them.
Consequently, the High Court granted the petition to quash the FIR, effectively dismissing the charges against the Mirs.
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