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of <h1>Appeal allowed; criminal complaint quashed for failing to disclose offences, Sections 294(b), 341 and 190/204 CrPC cited</h1> SC allowed the appeal and quashed the criminal proceedings pending before the Judicial Magistrate, holding the complaint failed to disclose offences. The ... Declination to quash the criminal proceedings instituted by the respondent herein - rejection of application filed by the appellants herein under Section 482 of the Code of Criminal Procedure - excessive flow of waste water in the society - HELD THAT:- It has to be noted that in the instance case, the absence of words which will involve some lascivious elements arousing sexual thoughts or feelings or words cannot attract the offence under Section 294(b). None of the records disclose the alleged words used by the accused. It may not be the requirement of law to reproduce in all cases the entire obscene words if it is lengthy, but in the instant case, there is hardly anything on record. Mere abusive, humiliating or defamative words by itself cannot attract an offence under Section 294(b) IPC. To prove the offence under Section 294 of IPC mere utterance of obscence words are not sufficient but there must be a further proof to establish that it was to the annoyance of others, which is lacking in the case. No one has spoken about the obscene words, they felt annoyed and in the absence of legal evidence to show that the words uttered by the appellants accused annoyed others, it can not be said that the ingredients of the offence under Section 294 (b) of IPC is made out. The complaint also fails to disclose the necessary ingredients to constitute the offence of wrongful restraint. In order to attract application of Section 341 which provides for punishment for wrongful restraint, it has to be proved that there was obstruction by the accused; (ii) such obstruction prevented a person from proceeding in a direction to which he had a right to proceed; and (iii) the accused caused such obstruction voluntarily. The obstructor must intend or know or would have reason to believe that the means adopted would cause obstruction to the complainant - The averments made in the complaint are not sufficient to even constitute the offence of wrongful restraint. In the overall view of the case, we are convinced that no case is made out against the appellants herein as alleged by the complainant. Taking cognizance of an offence under Section 190(1) of the Cr. P. C. and issue of process under Section 204 are judicial functions and require a judicious approach. This is a proposition not only based on sound logic but is also based on fundamental principles of justice, as a person against whom no offence is disclosed cannot be put to any harassment by the issue of process. Issuance of process must be preceded by an application of judicial mind to the material before the court to determine if there is ground for proceedings against the accused. The impugned order is set aside and the criminal proceedings pending in the court of Judicial Magistrate, Alandur, Tamil Nadu are hereby quashed - Appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether the averments in the complaint disclose the ingredients of an offence under Section 294(b) IPC (obscene acts and words) such that cognizance and issuance of process were justified. 2. Whether the averments in the complaint disclose the ingredients of an offence under Section 341 IPC (wrongful restraint) such that cognizance and issuance of process were justified. 3. Whether the Magistrate's exercise of jurisdiction to take cognizance under Section 190(1) Cr.P.C. and to issue process under Section 204 Cr.P.C. required judicial application of mind and, if so, whether such exercise was properly discharged in the circumstances. 4. Whether, on the material placed before the Magistrate, the criminal proceedings ought to be quashed for lack of prima facie case. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Sufficiency of complaint to constitute offence under Section 294(b) IPC Legal framework: Section 294 IPC criminalises obscene acts or the singing/recitation/uttering of obscene words in or near a public place to the annoyance of others; Section 294(b) focuses on utterance of obscene words. The legal test of obscenity is whether the tendency of the matter charged is to deprave and corrupt those whose minds are open to such immoral influences (the Hicklin test as applied in Indian jurisprudence). Precedent treatment: The Court relied upon established authorities applying the Hicklin test and related Supreme Court decisions affirming the requirement that the alleged words must have a tendency to arouse lascivious thoughts or substantially tend to corrupt (authority treated as applicable). Interpretation and reasoning: The complaint contained only an allegation of 'unparliamentary words' hurled at the complainant; the specific words were not set out. The Court observed that mere abusive, humiliating or defamatory language, absent lascivious or sexually arousing content, does not meet the statutory test of obscenity under Section 294(b). Further, to sustain Section 294 an additional element - that the utterance was 'to the annoyance of others' - must be established; the complaint did not plead facts demonstrating annoyance to the public or others beyond the complainant's subjective feeling. The Court noted that while lengthy obscene passages need not always be reproduced verbatim, some material particulars demonstrating obscenity and annoyance must appear on record; such particulars were absent. Ratio vs. Obiter: Ratio - application of the legal standard for obscenity and the requirement for particulars; conclusion that the complaint lacked necessary averments to constitute Section 294(b). Obiter - ancillary observations about reproduction of obscene words in complaint where lengthy may be permissible in some cases. Conclusion: The complaint fails to disclose an offence under Section 294(b) IPC; issuance of process on that ground was unjustified. Issue 2 - Sufficiency of complaint to constitute offence under Section 341 IPC Legal framework: Section 341 IPC punishes wrongful restraint; essential ingredients include (i) obstruction by the accused, (ii) prevention of a person from proceeding in a direction in which he/she had a right to proceed, and (iii) voluntariness of the obstruction with knowledge or intention that it would cause such obstruction. Precedent treatment: The Court applied settled principles concerning the elements of wrongful restraint, treating such authorities as controlling for the analytical framework. Interpretation and reasoning: The complaint did not aver facts demonstrating any obstruction, the direction in which the complainant had a right to proceed, or any volitional acts by the accused reasonably calculated to cause obstruction. The pleadings recited verbal altercation and alleged threats but contained no material particulars of physical obstruction or conduct satisfying the statutory elements. On the materials, the Court found that the necessary mens rea/intent and the physical barrier component of wrongful restraint were not pleaded. Ratio vs. Obiter: Ratio - the decision that the complaint lacked averments constituting wrongful restraint under Section 341 and therefore process could not be justified. Obiter - general comments on the nature of proof required to establish obstruction and intent in wrongful restraint cases. Conclusion: The complaint does not disclose the ingredients of an offence under Section 341 IPC; proceedings on that ground were not maintainable. Issue 3 - Judicial nature of Magistrate's functions under Sections 190(1) and 204 Cr.P.C. and requirement of application of mind Legal framework: The power to take cognizance under Section 190(1) Cr.P.C. and to issue process under Section 204 Cr.P.C. are judicial functions requiring application of judicial mind to the material before the Magistrate; a person against whom no offence is disclosed should not be subjected to process without prima facie material. Precedent treatment: The Court reiterated established procedural principles that issuance of process must be preceded by consideration of whether the complaint discloses material facts constituting an offence and whether prima facie grounds exist. Interpretation and reasoning: The Court emphasised that when allegations in a complaint are vague or general and lack material particulars of the alleged offence, the Magistrate's order issuing process is not justified. The record suggested absence of essential particulars (for example, the specific words alleged and no evidence of annoyance to others), and the Court expressed doubt about whether even verification on oath was recorded before cognizance. Given the lack of prima facie material, the judicial function to issue process was not properly discharged. Ratio vs. Obiter: Ratio - issuance of process without judicial application of mind where complaint is vague and fails to disclose an offence is impermissible. Obiter - observations on verification on oath and procedural safeguards. Conclusion: The Magistrate ought to have applied judicial mind to the complaint and refrained from issuing process in the absence of prima facie material; the taking of cognizance and issuance of process in the present material was not justified. Issue 4 - Appropriateness of quashing criminal proceedings Legal framework: Quashing is appropriate where the complaint lacks material facts disclosing any cognizable offence and issuance of process would subject the accused to harassment without any legally sustainable basis. Precedent treatment: The Court applied principles permitting quashing of proceedings in cases where complaints are frivolous, vexatious or devoid of essential averments required to constitute an offence. Interpretation and reasoning: Considering the totality of the complaint - which confined itself to allegations of unparliamentary words and factual background about sewage disputes - and the absence of pleaded particulars satisfying the elements of Sections 294(b) and 341 IPC or of annoyance to others, the Court concluded there was no prima facie case. The Court observed that judicial restraint is required to prevent harassment by process issuance where no offence is disclosed. Ratio vs. Obiter: Ratio - on the facts and law, quashing of the criminal proceedings was warranted. Obiter - broader statements about protection against harassment by groundless criminal process. Conclusion: The criminal proceedings were quashed for failure to disclose prima facie offences under Sections 294(b) and 341 IPC and for want of judicial application of mind by the Magistrate in issuing process; the appeal was allowed.
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