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Crl.O.P.No.10925 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2026

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.10925 of 2023 and Crl.M.P.Nos.6876 & 6877 of 2023

Raja @ Logaraj S/o. Late Kumar,

No.78/85, Gangai Amman Kovil Street, Vadapalani,

Chennai – 600 026.

..Petitioner(s)

Vs

1. State rep. By The Inspector of Police,

R-8, Vadapalani Police Station, Vadapalani,

Chennai – 600 026.

2. Velu, S/o.Ekanathan,

No.91 & 92, Gangai Amman Kovil Street, Vadapalani,

Chennai – 600 026.

..Respondent(s)

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in C.C.No.2740 of 2022 on the file of the XVII Metropolitan Magistrate at Saidapet, Chennai, and quash the same as

illegal, incompetent and ultravires.

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Crl.O.P.No.10925 of 2023

For Petitioner(s): Mr.B.U.Shanmugavelan For Mr.M.Rakhi

For Respondent(s): Mr.A.Gopinath Government Advocate (Crl. Side) for R1

Mr.M.Manimaran for R2

ORDER

This petition has been filed to quash the proceedings in

C.C.No.2740 of 2022, pending on the file of the learned XVII Metropolitan Magistrate at Saidapet, Chennai, thereby taking cognizance for the offences punishable under Sections 341, 294(b), 506(ii) of IPC r/w 34 of IPC, as against

the petitioners.

2. The case of the prosecution is that on 11.07.2022, when the

second respondent had gone to Tirupathi for Darshan, the petitioner along with other persons came to the residence of the second respondent along with weapons and abused him with filthy language. Again on the same day, at about 9.30 p.m., the petitioner and others came to the residence of the second respondent in drunken mode by carrying weapons and tried to trespass into the house. Hence, the second respondent lodged complaint as against the petitioner and others and on receipt of the said complaint, the first respondent registered

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Crl.O.P.No.10925 of 2023 the FIR in Crime No.237 of 2022 for the offences punishable under Sections 341, 294(b) & 506(ii) of IPC. After completion of investigation, they filed final report and the same has been taken cognizance in C.C.No.2740 of 2022 for the offences punishable under Sections 341, 294(b), 506(ii) of IPC r/w 34 of IPC, as against the petitioner and another. To quash the said proceedings, the

petitioner filed the present petition.

3. Heard the learned counsel appearing on either side and perused

the materials placed before this Court.

4. On perusal of the records and on the submission made by the

learned counsel on either side, it is revealed that the all the allegations are trivial in nature. Even according to the second respondent, in his absence, the accused scolded him with filthy language in front of his house. To attract the offences under Section 294(b) of IPC, there must be an uttering of words to affect the person who lodged the complaint. In this regard it is relevant to

extract the Section 294(b) of IPC, as follows :-

"294. Obscene acts and songs —Whoever, to the annoyance of others— (a) does any obscene act in any public place, or (b) sings, recites or

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Crl.O.P.No.10925 of 2023 utters any obscene song, 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."

5. Admittedly, there is absolutely no words uttered by the petitioner

as such to constitute the offence under Section 294(b) of IPC, there is no averments and allegations. Further the charges do not show that on hearing the obscene words, which were allegedly uttered by the petitioner, the witnesses felt annoyed. No one has spoken about the obscene words, they felt annoyed and in the absence of legal evidence to show that the wor