The Madurai Bench of the Madras High Court quashed an FIR registered under theIPC and quashed the FIR and disposed of the petition..
Quashed the FIR in Crime No.805 of 2020 and allowed the Criminal Original Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD)No.1965 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.1965 of 2022 & Crl.M.P(MD)No.1433 of 2022
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in F.I.R.No.805 of 2020 dated 16.09.2020 on the file of the first respondent police and quash the same.
For Petitioners : Mr.M.Muruganantham For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.1
ORDER
This Criminal Original Petition has been filed to quash the F.I.R in Crime No.805 of 2020, dated 16.09.2020, on the file of the first respondent Police.
1/3
Crl.O.P(MD)No.1965 of 2022
Section 294(b) IPC. The allegation is to satisfy the test of obscenity, the words uttered must be capable of arousing sexually impure thoughts in the minds of its hears, whereas, on a perusal of the FIR, there was no allegations to satisfy the above criteria.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
mga
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
2/3
Crl.O.P(MD)No.1965 of 2022
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.1965 of 2022 & Crl.M.P(MD)No.1433 of 2022 17.03.2022
RD(19.04.2022) 3P 3C
3/3
1 issue framed by the court
Whether the FIR attracts offence under Section 294(b) IPC for uttering obscene words.
5 provisions across 2 enactments
A.Periyya
K.Ganesan
The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District
Rajesh Kumar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
