IMPORTANT POINT
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 standards.

JUDGMENT :

Hon'ble Shamim Ahmed, J.

1. Heard Shri Sudhanshu S. Tripathi, learned Counsel for the applicant, Shri Ashok Kumar Singh, learned A.G.A-I for the State-opposite parties and perused the entire material placed on record.

2. The present application under Section 482 Cr.P.C. has been filed on behalf of the applicant,namely-Monu Kumar seeking quashing of the impugned summoning order dated 30.01.2024 passed by learned Civil Judge, Senior Division (F.T.C.) Unnao in Criminal Case No.141/2024 (State of Uttar Pradesh vs. Sachin and Ors.), arising out of Case Crime No.283/2023 under Section 294 I.P.C., Police Station-Achalganj, District-Unnao and the impugned charge sheet no.204/2023 dated 24.12.2023 arising out of Case Crime No.283/2023 under Section 294 I.P.C., Police Station-Achalganj, District-Unnao and also the entire as well as consequential proceedings of Criminal Case No.141/2024 (State of Uttar Pradesh vs. Sachin and Ors.) arising out of arising out of Case Crime No.283/2023 under Section 294 I.P.C., Police Station-Achalganj, District-Unnao pending in the court of learned Civil Judge, Senior Division (F.T.C.) Unnao.

3. Learned Counsel for the applicant submitted that the opposite party No.2 and his associate police personnel who were patrolling within their jurisdiction for prevention of crime and got information from the reliable informer in Korari Bazaar that three persons are doing obscene acts against the passing women of the area, wherefore the opposite party No.2 caught the Applicant red-handed and registered the F.I.R. bearing Case Crime No. 283 of 2024, under sections 294 IPC, at Police Station Achalganj, District Unnao on 17.12.2023 alleging therein that applicant was passing obscene comments on the females, who were passing by from Jumka Nala bridge.

4. Learned Counsel for the applicant further submitted that on perusal of arrest-cum-recovery memo, dated 17.12.2023, which reveals that despite the alleged incident having been taken place at a bridge connecting a busy road which had all access to the general members of public, there are no independent witnesses of the aforesaid arrest-cum-recovery memo. Moreover, the aforesaid arrest-cum-recovery proceedings have been conducted by the police in gross violation of provisions of section 100 and 165 Cr.P.C rendering the entire proceeding illegal and unworthy of any credit.

5. Learned Counsel for the applicant further submitted that on perusal of the aforementioned FIR and arrest-cum-recovery memo which makes it clear that there was complete haste in proceeding against the applicant that within one and half hour of arresting the applicant, opposite party No.2 got the FIR registered without preparation of any site plan or making any effort to examine any of the independent eye-witnesses or examining any of passing by females against whom allegedly the applicant was passing of obscene comments.

6. Learned Counsel for the applicant further submitted that the applicant was immediately arrested alongwith other co-accused who happened to be his friends and consequently, he was enlarged on bail on the very same day which is evident from the perusal of entry no.5 of CD Parcha no.1, dated 17.12.2023. He further submitted that while being released on bail assurances were extended to the applicant from the police personnel that no further action will be taken against the applicant in connection with the alleged offence in question. Moreover, the applicant only became aware of the fact that instant case is pending against him is when summoning order was passed against him by the learned trial court.

7. Learned Counsel for the applicant further submitted that the investigation of the instant case has been conducted in a tainted, botched-up and hasty manner by the police merely in order to show up the good work and has proceeded to make out a false, fabricated and concocted case and has falsely implicated the applicant in the present case whereas the police has completely ignore