Obstruction of an official in the discharge of duties can lead to prosecution under IPC, even where no physical force is exerted, as per Section 186.

ORDER

On 29.11.2014, Madhusoodhanan Pillai, who was the Amin attached to the Sub Court, Karunagappally was entrusted with the task of executing the decree in E.P.No.81/2013 in O.S.No.402/2010 of the Munsiff's court. He proceeded to the place where the decree was to be executed, within Chavara Police Station limits, after informing the police about the execution of the warrant. Three police officials, two grade Sub Inspectors and a woman police officer accompanied him. At about 04:45 p.m, they reached the residence of the judgment debtors, that is Pallipadinjattathil house, near the Neendakara church. At that time one Rosy and her daughter Ancy, the petitioners were there; they were told about the execution of the decree. Then both the ladies, who were habitants of the house, poured kerosene oil on their body and threatened the Amin that if the decree is executed, they would set themselves ablaze and thus created a scene. Hearing their hue and cry about 100 people in the locality collected there and so the Amin could not execute the warrant. He returned and gave a report to the Munsiff and the Munsiff reported the matter to the Magistrate. On that basis Judicial First Class Magistrate, Chavara forwarded C.M.P.No.150/2014 to the Police for registering a case and for investigation under Section 156(3) of the Cr.P.C. and thus Crime No. 2883/2014 of Chavara police station was registered alleging offence punishable under Sections 143 , 147, 353 read with Section 149 of the IPC . On conclusion of investigation, charge sheet was laid before the Judicial First Class Magistrate and then the case was made over to Grama Nyayalaya, Chavara where the case is pending as S.T.1962/2017. Now the petitioners, who are the accused face allegations under Section 353 read with Section 34 of the . The allegation is that when the Amin and party had reached their house for executing the decree, they caused obstructions to the official discharge of functions and thus committed the offence. Now the petitioners have approached this Court under Section

482 of the Cr.P.C for quashing the proceedings.

2. I heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. According to learned counsel, the Amin has already passed away. Relying on Annexure A3 statement of CW2 as PW2 John, he said that he is the only independent witness who has turned hostile to the prosecution. According to the learned counsel, an exparte decree was sought to be executed through the court and later that exparte decree was set aside and the petitioners have won the appeal. Moreover, the learned counsel submitted that there is absolutely no evidence of use of criminal force by the petitioners, so that the case would not stand and thus entire proceedings are sought to be quashed.

3. Learned Senior Public Prosecutor has opposed the petition.

According to him, the Amin and the police party were threatened by the petitioners and that was how the Amin could not execute the warrant entrusted with him.

4. When a petition is filed under Section 482 of the Cr.P.C. for quashing the proceedings, the basic question is whether the matter can be quashed at the threshold, if no offence is made out on the face of the materials made available to the court. But after having gone through the documents placed before court, I am not convinced that the petitioners are entitled to get the proceedings quashed. Firstly, it may be true that the petitioners had not used criminal force against the Amin or the police party who had reached there for executing the warrant. But it is patent that a terror like situation was created at the place when the Amin had reached there. No one has a case that the Amin was unauthorised. He had gone there in discharge of his official duties only. Even though, criminal force was not used, so that Section 351 of the IPC is not attracted, still it is a fact that discharge of official functions was obstructed and the Amin could not execute the decree. I