TaxTMI 
TaxTMI 
2022 (10) TMI 1294
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....Nos. 1 & 2 resply in a complaint lodged by the respondent herein before the Court of the Judicial Magistrate at Alandur, Tamil Nadu for the offences punishable under Sections 294(b) and 341 resply of the Indian Penal Code (For short "The IPC") and is directed against the order passed by the High Court of Judicature at Madras dated 1st April, 2022 in Crl.O.P. No. 5697 of 2019 by which the High Court declined to quash the criminal proceedings instituted by the respondent herein (original complainant). The High Court ultimately rejected the application filed by the appellants herein under Section 482 of the Code of Criminal Procedure (for short "The Cr. P. C.). It appears from the materials on record that the parties to this litigation are ....
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....oads, etc., as early as possible. Now the project has completed it's eight years and still there were seven houses not yet registered. The waste water is going into the lands belonging to the land owners and nearby land for the past eight years. Two years before the adjacent land owner on north side objected for the flow of waste water which made to take a decision to control the flow and keep it onto the lands of land owners only. The land owners had accepted to the office bearers of 2016-17 to dig their land with the help of JBC and the waste water had run into that said lands. 5. The complainant further submits that the Current Office Bearers have received a continuous and constant complaint from the residents adjacent to the se....
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....e next day i.e. 16.04.2018 at 4:30 pm, when the work of laying of the PVC pipes was being carried out, the residents enquired about the same and later one of the land owners, namely Mr. Madanagopal spoke unparliamentary words towards the workers. The workers thereafter informed Miss Lalitha (Treasurer) about this. She rushed to the spot and the said land owner once again used the unparliamentary words and was prepared to beat her. The security and the workers protected Miss Lalitha and she had no leave as there was no other option. The police was informed that Mr. Madanagopal had uttered unparliamentary words and admitted such utterance that led to the lodging of the police complaint on 17.04.2018 against Mr. Madanagopal, his wife Ms. Susee....
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....een v. Hicklin, [L.R.] 3 Q.B. 360 at 371 Cockburn C.J. Laid down the test of 'obscenity' in these words: "....... the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences" This test has been uniformly followed in India. The Supreme Court has accepted the correctness of the test in Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881. In Samuel Roth v. U.S.A., 354 US 476 (1957), Chief Justice Warren said that the test of 'obscenity' is the "substantial tendency to corrupt by arousing lustful desires". Mr. Justice Harlan observed that in order to be 'obscene' the matter must "tend to sexually impure thoughts". I do not t....
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....le imprisonment for a term which may extend to one month, or with fine which may extent to five hundred rupees or with both." 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 accor....