IMPORTANT POINTS
A case under Section 341 of the Indian Penal Code arises only when the accused obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed. The de facto complainant has no case that the accused restrained her so as to prevent her from proceeding in the direction to which she wanted to proceed. The case set out is only that the accused attempted to converse with the prisoner who was being escorted by the de facto complainant. Further, as noted, the de facto complainant has no case that the accused has committed any physical act either causing motion or cessation of motion-The de facto complainant has no case that the accused has made any gesture or any preparation intending or knowing it to be likely that such gesture or preparation will cause the de facto complainant to apprehend that the accused is about to use criminal force to her. If that be so, a case of criminal force or assault is also not made out. If no case of criminal force or assault is made out, the offences under sections 353 and 354 are also not made out.

ORDER :

This proceedings under Section 482 of the Code of Criminal Procedure is instituted seeking orders quashing the final report and all further proceedings in CC.No.826 of 2018 on the files of the Judicial Magistrate of the First Class, Vadakara.

2. The case aforesaid is one instituted upon a police report under Sections 341, 353 and 354 of the Indian Penal Code. The petitioner is the sole accused in the case. The accusation against the accused in the case as disclosed in the First Information Statement given by the de facto complainant is that on 18.01.2018, while the de facto complainant, a women Civil Police Officer was on escort duty of one Afifa, a person accused in a case under the Narcotic Drugs and Psychotropic Substances Act pending before the Special Court, Vadakara, the accused attempted to converse with the prisoner in the premises of the special court and since the court proceedings was about to commence by that time, the de facto complainant prevented the accused from conversing with the prisoner. It was also alleged that later on the same day, while the de facto complainant was waiting at the bus stand with the prisoner for proceeding to another court, the accused attempted to converse with the prisoner again and the de facto complainant prevented him from doing so. It was also alleged that later, when de facto complainant boarded a bus along with the prisoner, the accused accompanied the prisoner in the bus as well for the said purpose stating that he is the lawyer of the prisoner and that he has the right to converse with the prisoner. The de facto complainant prevented him from doing so again for the purpose of ensuring the safe journey of the prisoner. It was further alleged that later after the Court proceedings, the accused appeared before them again and when the de facto complainant permitted the accused to converse with the prisoner having realised that he is the lawyer of the prisoner, the accused pushed the woman Civil Police Officer who was accompanying the de facto complainant aside and proceeded refusing to converse with the prisoner shouting that he has other means to converse with the prisoner and he does not want the concessions of the de facto complainant for the said purpose. The case of the accused is that the accusation does not make out the offences alleged.

3. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

4. Before proceeding to examine the matter on merits, it is necessary to refer to the principles governing the subject. It is by now settled that criminal proceedings can be quashed at its initial stage only if no offence is made out on the face of the materials made available. In other words, the test is that by taking the allegations and complaints as they are, without adding or subtracting anything, if no offence is made out, then court will be justified in quashing the proceedings in exercise of its powers under Section 482 of the Code of Criminal Procedure. The saving of the inherent power of the court is designed to achieve a salutary public purpose namely that a court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution.

5. Having referred to the principles aforesaid, I shall now deal with the scope of various offences attributed against the accused. A case of wrongful restraint under Section 341 of the Indian Penal Code arises only when the accused obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed. A case of assault or criminal force to deter public servants from discharging their duty under Section 353 of the Indian Penal Code arises only when a case of assault or use of criminal force by the accused is made out. It is trite that a physical act or either causing motion or cessation of motion of a person in order to the committing of an offence or intending by the use of such force to cause, or knowing it to be likely that by the