A revision against dismissal of a discharge petition in a prosecution under Section 294(b) IPC for abusive language used in a public place. The court held that mere abusive language does not amount to an obscene act or words and allowed the discharge.
Petitioner discharged from the charge under Section 294(b) IPC; connected miscellaneous petition closed.
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CRL RC No. 2052 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-02-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 2052 of 2025 and CRL MP NO. 19282 OF 2025
Subramaniam
S/o.Kurusamypillai, 1/72 Jublee Well Street, Pollachi.
Petitioner(s)
Vs
Inspector of Police Pollachi West Police Station, Coimbatore. Crime No. 119/2022.
Respondent(s)
PRAYER Criminal Revision Case filed under Section438 r/w 442 of BNSS, 2023, praying to set aside the order of dismissal dated 30.09.2025 made in C.M.P.No.6669 of 2022 in C.C.No.725 of 2022 on the file of the learned Judicial Magistrate No.II, Pollachi, by allowing this Criminal Revision Petition.
For Petitioner(s): Mr.R.Marudhachalamurthy For Respondent(s): Mr.R.Vinoth Raja, Government Advocate (Crl.Side)
ORDER
The revision challenges the dismissal of the discharge petition filed by the
petitioner, who is facing prosecution for the offence under Section 294(b) IPC.
the petitioner abused the de facto complainant in a public place in filthy 1 / 4
CRL RC No. 2052 of 2025
language, which caused humiliation to the de facto complainant, and thus committed the aforesaid offence.
the de facto complainant in filthy language in a public place.
2 / 4
CRL RC No. 2052 of 2025
“8. It has to be noted that in the instant 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.
9. To prove the offence under Section 294 IPC mere utterance of obscene words are not sufficient but there must be a further proof of 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 cannot be said that the ingredients of the offence under Section 294(b) of IPC is made out.''
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CRL RC No. 2052 of 2025
SUNDER MOHAN J.
was humiliated in a public place. In the absence of the essential ingredients of Section 294(b) IPC, continuation of the prosecution would amount to abuse of process of law.
discharged from the charge under Section 294(b) IPC. Consequently, connected miscellaneous petition is closed.
12-02-2026
cda
To
The Judicial Magistrate No.II, Pollachi,
CRL RC No. 2052 of 2025 AND CRL MP NO. 19282 OF 2025
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1 issue framed by the court
Whether the allegations of mere abusive language in a public place attract Section 294(b) IPC and justify discharge.
Colour shows how this judgement treated each authority
N.S.Madhanagopal and Another Vs. K.LalithaRelied on¶7
(2022) 17 SCC 818 · Who else cites this
1 provisions across 1 enactments
Subramaniam
Inspector of Police, Pollachi West Police Station, Coimbatore (Crime No. 119/2022)
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
