Case Note & Summary
The applicant, Paresh Ramchandra Kothari, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of charge-sheet no. 125/2022 in Crime No. 350/2022 registered at Police Station Kotwali, Amravati for offences under Sections 353, 186, 504 and 506 of the Indian Penal Code, 1860. The FIR was lodged by non-applicant no. 2, Deepti Dnyanoba Kale, an Executive Engineer at Maharashtra Housing and Area Development Authority (MHADA), Amravati. She alleged that on 15.07.2022 between 1:00 p.m. to 3:00 p.m., the applicant entered her office, shouted at her, demanded withdrawal of a criminal complaint against his brother, threw office papers, ran after her giving obscene abuses, took away some papers, and threatened her life. The police investigated and filed a charge-sheet. The applicant contended that even if the allegations were taken at face value, they did not make out a prima facie case for the offences charged. The court analyzed the essential ingredients of Sections 353 and 186 IPC. For Section 353, the prosecution must show assault or criminal force used to deter a public servant from discharging his duty. For Section 186, there must be voluntary obstruction to a public servant in the discharge of public functions. The court found that the allegations of shouting, throwing papers, and threatening did not constitute assault or criminal force as defined under Section 351 IPC, nor did they amount to obstruction of a public servant in the discharge of duty. The court held that continuing the prosecution would be an abuse of the process of court. Accordingly, the court quashed the charge-sheet and all proceedings arising from Crime No. 350/2022. The application was allowed.
Headnote
A) Criminal Law - Quashing of Charge-Sheet - Sections 353, 186, 504, 506 IPC - Essential Ingredients - The court examined whether the allegations of shouting, throwing papers, and issuing threats constituted offences under Sections 353 and 186 IPC. Held that for Section 353, there must be assault or criminal force to deter a public servant from duty, and for Section 186, there must be obstruction to a public servant in discharge of public functions. The allegations did not disclose any assault or obstruction as defined, and the charge-sheet was quashed to prevent abuse of process (Paras 6-8).
Issue of Consideration
Whether the allegations in the FIR and charge-sheet make out a prima facie case for offences under Sections 353, 186, 504 and 506 of the Indian Penal Code, 1860 against the applicant.
Final Decision
The court allowed the application and quashed the charge-sheet no. 125/2022 in Crime No. 350/2022 registered at Police Station Kotwali, Amravati for offences under Sections 353, 186, 504 and 506 IPC and all proceedings arising therefrom.
Law Points
- Ingredients of Section 353 IPC require assault or criminal force to deter public servant from duty
- Ingredients of Section 186 IPC require obstruction to public servant in discharge of public functions
- Quashing of criminal proceedings when no prima facie case made out
- Abuse of process of court
