The Lucknow Bench of the Allahabad High Court while allowing an application observed that the object and scope of the section 294 of IPC is intended to prevent an obscene or indecent act being performed in public to the annoyance of public at large.
A Single Bench of Justice Shamim Ahmed passed this order while hearing an application under section 482 filed by Monu Kumar.
The application under Section 482 Cr.P.C has been filed on behalf of the applicant, namely-Monu Kumar seeking quashing of the summoning order dated 30.01.2024 passed by the Civil Judge, Senior Division (F.T.C) Unnao in Criminal Case under Section 294 I.P.C, Police Station-Achalganj, District-Unnao and the charge sheet dated 24.12.2023 arising out of Case under Section 294 I.P.C, Police Station-Achalganj, District-Unnao and also the entire as well as consequential proceedings of Criminal Case under Section 294 I.P.C, Police Station-Achalganj, DistrictUnnao pending in the court of the Civil Judge, Senior Division (F.T.C) Unnao.
Counsel for the applicant submitted that the opposite party No 2 and his associate police personnel who were patrolling within their jurisdiction for prevention of crime and got information from the reliable informer in Korari Bazaar that three persons are doing obscene acts against the passing women of the area, wherefore the opposite party No 2 caught the Applicant red-handed and registered the F.I.R bearing Case under sections 294 IPC, at Police Station Achalganj, District Unnao on 17.12.2023 alleging therein that applicant was passing obscene comments on the females, who were passing by from Jumka Nala bridge.
Counsel for the applicant further submitted that on perusal of arrest-cum-recovery memo, dated 17.12.2023, which reveals that despite the alleged incident having been taken place at a bridge connecting a busy road which had all access to the general members of public, there are no independent witnesses of the aforesaid arrest-cum-recovery memo. Moreover, the aforesaid arrest-cum-recovery proceedings have been conducted by the police in gross violation of provisions of section 100 and 165 Cr.P.C rendering the entire proceeding illegal and unworthy of any credit.
Counsel for the applicant also submitted that on perusal of the aforementioned FIR and arrest-cum-recovery memo which makes it clear that there was complete haste in proceeding against the applicant that within one and half hour of arresting the applicant, opposite party No 2 got the FIR registered without preparation of any site plan or making any effort to examine any of the independent eye-witnesses or examining any of passing by females against whom allegedly the applicant was passing of obscene comments.
Per contra, A.G.A-I for the State-opposite party has vehemently opposed the contentions made by the Counsel for the applicant and submitted that there was ample evidence against the applicant, who was present at the railway crossing at the time of incident and the police party in a very cautious manner nabbed him red handed, while he was creating nuisance in a public place and was passing obscene comments on the girls and ladies.
Thereafter, the police has thoroughly conducted the inquiry against the applicant and has filed a charge sheet against him considering the material on record, thus, he submitted that the trial court has correctly taken the cognizance of the charge sheet and has rightly summoned the applicant to face trial in the aforesaid case.
He further submitted that no interference by the Court is required in the matter and the application being devoid of merit and substance is liable to be rejected.
The Court observed that,
On careful perusal of averments made in this application under Section 482 Cr.P.C as well as after hearing the Counsel for the parties, the factual matrix discloses that the opposite party No 2 and his associate police personnel, who were patrolling within their jurisdiction for prevention of crime and got information from the reliable informer in Korari Bazaar that three persons were doing obscene acts against the passing women of the area, wherefore the opposite party No 2 caught the applicant red-handed and registered the F.I.R bearing Case under sections 294 IPC, at Police Station Achalganj, District Unnao on 17.12.2023 alleging therein that applicant was passing obscene comments on the females, who were passing by from Jumka Nala bridge, and on perusal of arrest-cumrecovery memo, dated 17.12.2023, which reveals that despite the alleged incident having been taken place at a bridge connecting a busy road which had all access to the general members of public, there is no independent witness of the aforesaid arrest-cum-recovery memo.
Moreover, the aforesaid arrest-cum-recovery proceedings have been conducted by the police in gross violation of provisions of section 100 and 165 Cr.P.C. Further, opposite party No 2 got the FIR registered without preparation of any site plan or making any effort to examine any of the independent eye-witnesses or examining any of passing by females against whom allegedly the applicant was passing of obscene comments and while being released on bail assurances were extended to the applicant from the police personnel that no further action will be taken against the applicant in connection with the alleged offence in question.
Moreover, the applicant only became aware of the fact that a case is pending against him when the summoning order was passed against him by the trial court.
The Court further observed that the applicant is a bright undergraduate student studying at Rajkiya Mahavidyalaya, Unnao affiliated to Chhatrapati Shahuji Maharaj University, Kanpur and presently pursuing Bachelor of Arts course (Humanities), whose entire life and career is at stake, which will be ruined due to his false implication in the instant case. Moreover, at the time of registration of the FIR the applicant was merely 20 and half years of age and had no occasion to commit the alleged offence in question.
Further, the trial court has failed to appreciate the fact that while filing the charge sheet, the Investigating officer has failed to comply with the mandatory provisions of criminal law and has passed the impugned summoning order 30.01.2024, which is nothing but an abuse of process of law.
Thus, from the aforesaid, it is clear that mere performance of obscene or indecent act is not sufficient, but there must be further proof to establish that it was to the annoyance of others, thereby annoyance to others is essential to constitute an offence under this section.
He further submitted that none of the females have been examined to establish that the alleged act of passing obscene comments upon the passing females have caused them annoyance and in absence of such evidence the impugned charge-sheet and summoning order are devoid of any merit and gross abuse of process of law.
Further, the case is a gross misuse of penal laws in particular and criminal law in general since no criminal offence is made out from the perusal of aforesaid facts and the impugned summoning order has been passed in an arbitrary manner without giving consideration to the material on record and lack of due application of judicial mind.
“Thus, in view of the law laid down by the Supreme Court and in light of the observations and discussions made above and keeping view the facts and circumstances of the case, and from the perusal of the record, the summoning order dated 30.01.2024 passed by the Civil Judge, Senior Division (F.T.C) Unnao in Criminal Case under Section 294 I.P.C, Police Station-Achalganj, District-Unnao and the charge sheet dated 24.12.2023 arising out of Case under Section 294 I.P.C, Police Station-Achalganj, District-Unnao and also the entire as well as consequential proceedings of Criminal Case under Section 294 I.P.C, Police Station-Achalganj, District Unnao pending in the court of the Civil Judge, Senior Division (F.T.C) Unnao and are liable to be quashed as the investigation of the case has been conducted in a tainted, botched- up and hasty manner by the police merely in order to show up the good work and has proceeded to make out a false, fabricated and concocted case and has falsely implicated the applicant in the case wherein, the police has completely ignored the mandatory provisions of criminal law.
The haste in finalizing the investigation in the instant case is evident from the fact that within a week after registration of the FIR, the impugned charge-sheet was filed wherein only the statement of members of police party on one day and on another day site plan was prepared and statement of the informant was recorded and neither any independent witness was examined nor any females were examined, who were being annoyed by the alleged obscene comments of the applicant’, the Court also observed while allowing the application.
Accordingly, the summoning order dated 30.01.2024 passed by the Civil Judge, Senior Division (F.T.C) Unnao in Criminal Case under Section 294 I.P.C, Police Station-Achalganj, District Unnao and the charge sheet dated 24.12.2023 arising out of Case under Section 294 I.P.C, Police Station Achalganj, District-Unnao and also the entire as well as consequential proceedings of Criminal Case under Section 294 I.P.C, Police Station-Achalganj, District-Unnao pending in the court of the Civil Judge, Senior Division (F.T.C) Unnao are hereby quashed by the High Court.