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IN THE HIGH COURT OF ALLAHABAD
Saurabh Lavania, J.
Prabhat Pandey - Applicant
Vs.
State Of U.P. Thru. Prin. Secy. Home Lko. And Another - Opposite Party
Application U/S 482 No. - 3165 of 2024
Decided On : 05-04-2024
Section 294 IPC - Obscene acts and songs - The court quashed the criminal proceedings against the applicant as it found that no offence under Section 294 IPC was made out due to the lack of evidence that the alleged act had annoyed any person.
Fact of the Case:
The applicant filed an application to quash the entire proceedings of a criminal case against him, which arose from allegations of passing obscene comments and using vulgar language in a public place.
Finding of the Court:
The court found that no offence under Section 294 IPC was made out against the applicant due to the lack of evidence that the alleged act had annoyed any person.
Issues: The main issue was whether the alleged act of the applicant had satisfied the basic ingredients of Section 294 IPC, which requires the act to cause annoyance to others.
Ratio Decidendi: The court interpreted Section 294 IPC and emphasized that the provision is attracted only if the accused, to the annoyance of others, performs obscene acts or sings obscene songs in a public place.
Final Decision: The court quashed the criminal proceedings against the applicant and allowed the application.
JUDGMENT :
Saurabh Lavania, J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application under Section 482 Cr.P.C has been filed by the applicant with the prayer to quash/set- aside the entire proceedings of Criminal Case No. 242/2024 (State vs. Prabhat Pandey) arising out of charge sheet No. 469 of 2023 dated 19.11.2023 filed in FIR/Case Crime No. 0621/2023, under Section 294 IPC, Police Station- Kotwali Ayodhya, District- Ayodhya and summoning order dated 30.01.2024 passed by Chief Judicial Magistrate, Ayodhya.
3. The case set up by the prosecution, as appears from FIR No. 0621 of 2023 dated 04.11.2023, under Section 294 IPC, Police Station-Kotwali Ayodhya, District- Ayodhya and charge sheet No. 469 of 2023 dated 19.11.2023, is summarized as under:-
(ii) On receipt of information aforesaid, the police party reached the spot indicated by the alleged informant.
(iii) At alleged situs of alleged crime said to be committed by the applicant, the alleged informant identified the applicant.
(iv) At alleged place of alleged crime, the Anti-Romeo team found that the applicant is passing comments and using obscene and vulgar language to the females and girl students and thereafter the applicant was arrested on the spot.
(v) The charge sheet indicates that all the witnesses of prosecution are public personnel.
4. Pressing the instant appeal for the relief(s) sought, learned counsel for the applicant submitted that the basic ingredients of Section 294 IPC are not satisfied even if the prosecution story is taken at its face value, as there is neither any eye-witness nor independent witness nor any person had come forward to say that the alleged act of the applicant has annoyed any person. Prayer is to allow the application and quash the entire criminal proceedings pending against the applicant.
5. Learned AGA vehemently opposed the instant application for the prayer sought. However, he could not dispute the aforesaid including that no person had come forward to say that the alleged act of the applicant had annoyed any person.
6. In order to come to the conclusion, it would be appropriate to take note of language couched under Section 294 IPC, which reads as under:-
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, ballad or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both."
7. Section 294 IPC, quoted above, indicates that if an accused, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene songs, ballad or words, in or near any public place, only then, Section 294 IPC would be attracted.
8. In the case in hand, undisputedly, no person had come forward to say that the alleged act of the applicant had annoyed any person nor the victim has come forward making allegations against the applicant.
9. In view of aforesaid, I am of the considered opinion that no offence under Section 294 IPC is made out against the applicant.
10. For the reasons aforesaid, the proceedings of Criminal Case No. 242/2024 (State vs. Prabhat Pandey) arising out of charge sheet No. 469 of 2023 dated 19.11.2023 filed in Case Crime No. 621/2023, under Section 294 IPC, Police Station- Kotwali Ayodhya, District-Ayodhya and summoning order dated 30.01.2024 passed by Chief Judicial Magistrate, Ayodhya along with consequential orders are hereby quashed.
11. The application is, accordingly, allowed.
The central legal point established in the judgment is that for an offence under Section 294 IPC to be made out, the accused's act must cause annoyance to others in a public place.
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....
The court established that for an offence under Section 294 IPC, mere obscene utterances are insufficient; there must be evidence of annoyance to others, and the investigation must adhere to legal st....
To prove an offence under Section 294(b) IPC, mere utterance of obscene words is insufficient; proof of annoyance to others is essential.
Obscenity – In order to satisfy definition of obscenity to attract Section 294(b) of IPC, words uttered must be capable of arousing sexually impure thoughts in minds of its hearers – Quashment of cri....
For conviction under Section 294(b) IPC, prosecution must prove obscenity and public annoyance; failure to establish these elements leads to quashing of case motivated by personal grievances.
To constitute an offense under Section 294(b) of the IPC, the words or acts must be obscene and cause annoyance to others; mere abusive language does not suffice to meet the threshold of obscenity.
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