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2024 Supreme(Online)(GUJ) 15999
HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
BHARATKUMAR BACHUBHAI SHAHERI – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 23968 of 2022
The court established that actions deterring a public servant from duty and causing injury constitute a prima facie offense under IPC, emphasizing the need for accountability regardless of rank.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 332, 353, 504, 427, and 114 - Gujarat Police Act - Section 135 - Prevention of Damage to Public Property Act, 1984 - Quashing of FIR - Applicants sought to quash FIR for alleged assault on police constable during enforcement of noise regulations at a marriage celebration - Court found prima facie case established against applicants for deterring public servant from duty and causing injury - Application dismissed. (Paras 2, 6, 9, 10, 16)
(B) Quashing of FIR - Jurisdiction - High Court's power under Section 482 is to be exercised sparingly and with caution, not to conduct a mini-trial or assess evidence reliability at this stage. (Paras 12, 14, 15)
Facts of the case:
The incident occurred on 1.12.2022, when police responded to a noise complaint at a marriage celebration, where the applicant assaulted a police constable after refusing to stop the loudspeaker. The FIR was filed under multiple sections of IPC and related acts.
Findings of Court:
The court found sufficient evidence to establish a prima facie case against the applicant for assaulting a public servant and deterring him from performing his duties.
Issues: The main issues were whether the FIR's allegations were sufficient to constitute a prima facie case against the applicants and the appropriateness of quashing the FIR under Section 482 of the CrPC.
Ratio Decidendi: The court ruled that the applicants' actions constituted a prima facie offense under IPC sections for assaulting a public servant, emphasizing that no one is above the law, regardless of rank.
Result: Application dismissed.
ORAL ORDER
1. RULE. Learned APP waives service of notice of rule on behalf of the respondent State.
2. Present application is filed by the applicants under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) seeking to quash and set aside the FIR being CR 11216007220607 of 2022 registered before the Sector 21, Gandhinagar Police Station for the offence punishable under Sections 332, 353, 504, 427 and 114 of the Indian Penal Code, 1860 and Section 135 of the Gujarat Police Act and Section 3 of Prevention of Damage of Pubic Property Act and all the consequential proceedings arising therefrom.
3. The brief facts of the case are on 1.12.2022, an unarmed police constable-complainant, serving as the driver of PCR Van No. 2, Regd. No. GJ19GB1279 (P-247) at 20:00 hours, along with Incharge Jigneshbhai Mahendrabhai (Buckle No. 1529), responded to a disturbance due to a loudspeaker playing at high volume at 00:15 hours. The police proceeded to a location in Vardhi, specifically at a house situated in Sector 30, where a marriage celebration was taking place. The loud DJ sounds were disruptive, and the police alighted from the vehicle to inform the applicant to stop the loudspeaker. The applicant responded that since it was a marriage celebration, they would not stop the DJ. The police attempted to persuade him by explaining that playing a loudspeaker after 10:00 PM is prohibited, and he should stop it immediately. The applicant then stated, "You don't know who I am; I am PSI Shaheri, serving in Ahmedabad, Rural. Do what you can, I will not stop the loudspeaker." When the police continued to persuade him, the applicant became agitated, assaulted the complainant, and caused damage. As a result, the complainant has lodged a complaint under Sections 332, 353, 504, 427, and 114 of the IPC and Section 135 of the Gujarat Police Act.
4. Heard learned advocates for the respective parties.
5. The learned advocate for the applicants argues that they are not connected to the alleged offense and have been falsely implicated. The applicant submits that the allegations made against him in the impugned complaint are vague, baseless, vexatious, false, and frivolous, and have been filed with an ulterior motive. The ingredients of Sections 332, 353, 504, and 114 of the IPC, Section 135 of the Gujarat Police Act, and Section 3 of the Prevention of Damage to Public Property Act, 1984, cannot be said to be satisfied in the present case, which is absolutely false and vexatious and has been raised to pressurize the applicant. Even if the version of the complaint is believed to be true, no prima facie case is made out against the applicant, as he neither caused harm to anyone nor deterred a public servant from his duty, nor did he intend to prevent or deter that person or any other public servant from discharging their duties in the lawful discharge of their duties as a public servant. It is submitted that there was no use of criminal force. In view of the above, the present application be allowed.
6. The learned APP has strongly opposed the present application, asserting that the applicants are involved in illegal activities. The present applicant is serving in the police department. It is submitted that on 1.12.2022, an unarmed police constable-complainant, serving as the driver of PCR Van No. 2, Regd. No. GJ19GB1279 (P-247) at 20:00 hours, along with Incharge Jigneshbhai Mahendrabhai, received information from the police control room about a disturbance caused by a loudspeaker playing at high volume at 00:15 hours. When they arrived at the location at midnight, they found the loudspeaker playing at a high volume. When they asked to stop the loudspeaker, the applicant engaged in a scuffle, stating that it was a marriage ceremony, and used criminal force to assault respondent No. 2, thereby deterring them from discharging their duties. As a result, a complaint was lodged against the applicant. Therefore, the application be dismisse
