The court emphasized that to attract an offence under Section 353 IPC, there must be an assault or use of criminal force against a public servant with the intent to prevent or deter the public servant from discharging his duty.

ORDER:

The present Criminal Petition is filed seeking to quash the proceedings initiated against the petitioner for the alleged offence punishable under Section 353 of the Indian Penal Code (for short “IPC”).

2. The petitioner herein, who is a practicing Advocate, is the sole accused in Cr.No.155 of 2021 on the file of Lalapet Police Station, Guntur Urban, Guntur District, registered for the said offence.

3. The facts of the case as set out in the petition, in brief, may be stated as follows:-

On 20.04.2021, one Mr.Shaik Gouse Mohiddin received a call from the Lalapet Police Station requiring him to attend the Police Station with regard to a complaint made by his wife. As he was seriously injured in the attack on him on 11.04.2021 by the henchmen of his wife, in respect of which, Nallapadu Police registered Cr.No.296/2021, he was not in a position to visit the Police Station. Therefore, his mother Smt.Shaik Samshad Begum under the threat of registration of F.I.R on her son, went to the Police Station at around 5.30 p.m. and she was detained by the Police. She informed the Police that she was on fasting in view of Ramzan month and requested them to allow her to leave the Police Station as she has to break her fast, the Police did not allow her to leave the Police Station, spoke to her in a rude manner and informed that until her son comes and report to the Police Station, she will not be allowed to go. Then, she contacted the petitioner, who is an Advocate looking after their cases and requested her to persuade the Police to let her go, as she is old and feeling weak due to fasting since morning. In view of the request made by her, the petitioner went to the Police Station, introduced herself as Lawyer of Smt.Shaik Samshad Begum and on a query of the de facto complainant about the injury sustained by Mr.Shaik Gouse Mohiddin, the petitioner took out her phone/mobile to show the pictures of the injuries sustained by Mr.Shaik Gouse Mohiddin. To her shock and surprise, one Constable dragged the petitioner’s phone forcibly, the said Constable as also the de facto complainant/D.S.P acted rudely, shouted at the petitioner, threatened, humiliated and pushed her out of the room. Under those circumstances, the petitioner switched on video in her mobile phone and recorded the manner in which the Police started humiliating her and on the next day i.e., on 21.04.2021 gave a written representation to the Bar Association, Guntur and sent representation/complaint on 22.04.2021 to the Director General of Police and Superintendent of Police, Guntur, A.P. Human Rights Commission etc., to take action against the de facto complainant for humiliating, illegally detaining and harassing the old and illiterate lady and also for humiliating the petitioner, despite knowing fully well that the petitioner is an Advocate.

4. To overcome the misdeeds and misbehavior, the 2nd respondent concocted a story about the incidents allegedly occurred on 20.04.2021 and lodged a complaint on 24.04.2021, which was registered as F.I.R.No.155 of 2021 on the file of the Lalapet Police Station.

5. The contents of the complaint as per the said F.I.R, reads as follows:-

“Occurred on 20.04.2021, at about 7.30 p.m at East sub-divisional police office, Lalapet, Guntur town and the same was reported in the PS on 24.04.2021 at 8.00 pm wherein the complainant Sri B.Seetharamaiah SDPO East sub-division, Guntur lodged a report stating that spandana petition received from the Supdt. of police with instructions to enquire and report compliance in this regard the complainant summoned the respondents for enquiry. One of the respondents along with another woman visited SDPO’s office, respondent introduced the another woman as her daughter. During enquiry the said woman started shoot video with her mobile. On noticing the same the complainant objected and called his staff to collect the mobile, meanwhile the said woman introduced herself as Shaik Ameena Rehamani advocate and enraged over the staf