Case Note & Summary
The applicant, Jagdish Vasudeo Lanjewar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 384 of 2020 registered at Pardi Police Station, Nagpur for an offence under Section 85 of the Maharashtra Prohibition Act, 1949. The FIR was lodged by Police Sub-Inspector Smt. Priyanka Godmale on 12.06.2020, alleging that on 11.06.2020, at about 20.00 hours, she received information that a person under influence of liquor was misbehaving at Pardi square. Upon reaching the spot, she found the applicant under influence of liquor. He was taken to the police station, and after medical examination confirming intoxication, the offence was registered. Since the offence was bailable, the applicant was released on bail by the police. The applicant contended that the FIR did not disclose any allegation of disorderly behaviour or abusive language, which are essential ingredients of Section 85. The State opposed the application, arguing that the FIR disclosed the offence. The court examined the language of Section 85, which states: "Whoever, in a public place, is in a state of intoxication and behaves in a disorderly manner or uses abusive or obscene language, shall be punished..." The court noted that the FIR only stated that the applicant was under influence of liquor and misbehaving, but the word 'misbehaving' was vague and not supported by any specific act of disorderly behaviour or abusive language. The court held that mere being under influence of liquor in a public place, without more, does not constitute an offence under Section 85. The court also noted that the police officer's report did not mention any specific disorderly conduct or abusive language. Therefore, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Section 85 Maharashtra Prohibition Act, 1949 - The court considered whether an FIR under Section 85 of the Maharashtra Prohibition Act, 1949 can be quashed when the applicant was merely found under influence of liquor in a public place without any allegation of disorderly behaviour or abusive language. The court held that Section 85 requires both being under influence of liquor and behaving in a disorderly manner or using abusive language in a public place; mere presence in a public place under influence does not constitute an offence. The FIR was quashed. (Paras 6-15)
Issue of Consideration
Whether the FIR and proceedings under Section 85 of the Maharashtra Prohibition Act, 1949 can be quashed when the applicant was merely found under influence of liquor in a public place without any allegation of disorderly behaviour or abusive language.
Final Decision
The court allowed the application and quashed FIR No. 384 of 2020 registered at Pardi Police Station, Nagpur and all proceedings arising therefrom.
Law Points
- Section 85 of the Maharashtra Prohibition Act
- 1949 requires both being under influence of liquor and behaving in a disorderly manner or using abusive language in a public place
- mere presence in a public place under influence does not constitute an offence
- FIR can be quashed if no prima facie case is made out
- inherent powers under Section 482 CrPC can be exercised to prevent abuse of process of court.
