IMPORTANT POINT
To establish an offence under Section 294 IPC, it is essential to prove that the words used were obscene, uttered in a public place, and caused annoyance to others, which was not demonstrated in this case.

ORDER :

[Kardak Ete, J.]

Heard Mr. T. Gyatso, learned counsel for the petitioner and Ms. L. Hage, learned Additional PP for the State of Arunachal Pradesh. None appears for the respondent No. 2 though the service of notice is shown to be completed.

2. This application under section 482 of Cr.PC, 1973 has been filed by the petitioner praying for quashing of the GR case no. 23/2021 under section 294 IPC, 1860 pending before the learned Chief Judicial Magistrate, Aalo.

3. The case of the petitioner in a nutshell is that the respondent no. 2 namely Smti. Bomyir Kamdak had lodged an FIR on 25.12.2020 before the OC PS Basar alleging that on the night of 23.12.2020 at around 2130 hrs approximately, someone threw stones over her rooftop repeatedly and created nuisance. When she along with her husband came out from the house, the petitioner along with Jumi Kamdak, Kare Kamdak, Jumge Kamdak were found available at the spot with their vehicle. On asking as to why they threw stones, the petitioner uttered abusive words to her openly in front of his accomplices and her husband and outraged her prestige and modesty and defamed her by imputing her without any reason.

4. Upon receipt of the FIR, the OC, PS Basar had registered a case being Basar PS case no. 30/2020 under section 447/506/34 of IPC, 1980. On completion of the investigation, the IO had submitted the charge sheet against the petitioner along with other co-accused(s) under section 447/506/34 of IPC, 1860.

5. During the consideration of charges, the learned Chief Judicial Magistrate, Aalo by the order dated 12.12.2022 had dropped the charges against the petitioner under section 447/506/34 IPC and discharged the other co-accused Shri. Jumi Kamdak from the case. However, the learned CJM, Aalo has framed the charge under Section 294 of IPC, 1860 against the petitioner.

6. Mr. T. Gyatso, learned counsel for the petitioner submits that the accusation made by the informant against the petitioner of using unparliamentary words cannot be sustained as there is no incriminating evidence to support such allegation and there is nothing to substantiate the claim of using any unparliamentary words against the informant.

7. Mr. T. Gyatso, learned counsel submits that the main ingredient under section 294 of IPC is that the place of occurrence should be public place before public. As per the statement of the witnesses under section 161 of Cr.PC, it clearly shows that the petitioner was standing outside the house and in the property of Bomken Kamdak therefore, it was not in a public place.

8. Mr. T. Gyatso, learned counsel submits that the occurrence was during the time of Panchayat Election, 2020 when the petitioner and the informant were supporters of the rival party and candidates. It was only when the informant accused the petitioner and his friends of pelting stones at her rooftop, there was an argument between the petitioner and the informant. Taking advantage of the adversity during the Panchayat Election, the informant has filed the FIR without any basis.

9. Mr. T. Gyatso, learned counsel further submits that since there is no ingredient establishing the case under section 294 of IPC, the framing of the charge against the petitioner under section 294 IPC while dropping the charges under section 447/506/334 IPC thereby discharging the co-accused, is not sustainable and no case for trial against the petitioner is made out, which in turn would be an abuse of the process of the court. As the charge has been framed by the learned Chief Judicial Magistrate, Aalo without there being any material to establish such charge, therefore, the proceeding of GR case no. 23/2021 under section 294 IPC, 1860 may be set aside and quashed.

10. To support his submission, Mr. T. Gyatso has placed reliance on the judgment of the Hon’ble Supreme Court in the case of N.S. Madhanagopal and Anr V. K. Lalitha passed on 10.10.2022.

11. Ms. L. Hage, learned Additional PP submits that the test of obscenity under section 294