Case Note & Summary
The High Court refused to quash two FIRs registered against the petitioner for offences under Bharatiya Nyaya Sanhita, 2023 (BNS) arising from a film promotion dispute. The petitioner, involved in promoting a film titled 'Cult', was accused of making abusive phone calls to a Municipal Commissioner and a political party Vice-President, and installing banners without permission. The Court found that the key offence under Section 132 of BNS (obstructing public servant) was not made out as no criminal force was used. Other alleged offences were bailable. The Court allowed the petitions under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quashing the FIRs but directed the petitioner to tender a public apology. The judgment emphasized that FIR is not an encyclopedia
Headnote
Criminal Law-- BNSS, 2023-- Section 528-- BNS, 2023-- Sections 132, 224, 352, 353(2) and 56 -- Two quashing petitions-- Two complaints-- Crimes arised out of a solitary incident-- Dispute arose while promotion of a motion picture titled "Cult"-- Postponment of promotion programme-- Abused-- Allegations that the petitioner without obtaining any permission or approval has put up banners and spoken bad words against the sitting MLA-- Complaint registered-- Chain of events-- Complainant/municipal commissioner removed certain playcards which were obstructing vehicular movement-- Performance of duty as a public servant by complainant-- Conversation referred-- FIR is not an encyclopedia-- Case Kunwar Singh (Supra) referred-- Use of filthy language- Limited scope of interference-- No interference-- Petitions dismissed Para-- 7, 8, 9, 10, 12, 14
Issue of Consideration
The Issue of whether the FIRs registered for offences under Bharatiya Nyaya Sanhita, 2023 (BNS) should be quashed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) due to lack of prima facie case and non-attraction of alleged sections
Final Decision
The Court allowed the petitions, quashed the FIRs in Crime Nos. 9 of 2026 and 10 of 2026, and directed the petitioner to tender a public apology for the abusive utterances
Law Points
- Quashing of FIR under Section 528 of Bharatiya Nagarik Suraksha Sanhita
- 2023 (BNSS) -- Interpretation of offences under Sections 132
- 224
- 352
- 351(3)
- 56
- 353(2) of Bharatiya Nyaya Sanhita
- 2023 (BNS) -- Principles for quashing criminal proceedings at threshold -- Distinction between bailable and non-bailable offences -- Requirement of criminal force for offence under Section 132 of BNS -- FIR not being an encyclopedia of all offences
