THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.7254 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to quash the proceedings against him in C.C.No.2162 of 2023 on the file of Judicial First Class Magistrate, Zaheerabad. The offence alleged against petitioner is under Section 504 of Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Mr. M.A.K.Mukheed, learned counsel for the petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record.

3. Respondent No.2 filed a complaint against accused stating that accused is scolding, abusing the complainant and telling in the public that he is a Maqbara (informant), lending money and a thief and as such he is provoking him.

4. FIR bearing No.3 of 2022 came to be registered in the Zaheerabad Town Police Station under Section 504 of IPC. After investigation, charge sheet bearing No.2 of 2023 came to be filed (petty case charge sheet) before the Judicial First Class Magistrate, Zaheerabad, in the charge sheet charges are under 504 of IPC.

5. It is contended by learned counsel for accused/petitioner that ingredients of Section 504 of IPC are not made out in the complaint, that the complaint is vague without any specific details of abuse. It is further contended that an intentional insult provoking a person resulting in the breakdown of public peace or cause to commit any other offence have not been fulfilled.

6. On the other hand, learned Assistant Public Prosecutor submitted that on the basis of the complaint dated 06.09.2022, an investigation was conducted and charge sheet is filed. It is further submitted that accused has provoked the complainant by abusing him, hence, it is a matter for trial to be adjudicated by the Court of Judicial First Class Magistrate, Zaheerabad and interference is not necessitated.

7. Heard learned counsels, perused the record and considered the rival submissions.

8. Complaint is dated 06.09.2022. Complaint is very vague and details are not forthcoming as to the date, place, or month of abuse. There is nothing in the complaint that fulfills the ingredients of Section 504 of IPC. Section 504 of IPC reads as follows:

“Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

9. On a reading of Section 504 of IPC, it is clear that there must be intentional insult by the accused which is not forthcoming in the complaint, the insult must be in such a manner that it provokes the person insulted. Further, it should be within the knowledge of the accused that such provocation would breakdown the public peace or cause to commit any other offence. A reading of the complaint and the charge sheet do not fulfill any of the ingredients. Allegations are trivial in nature and ingredients of Section 504 of IPC are not made out in the complaint nor in the charge sheet.

10. Considering the nature of allegations which are trivial, this Court is of the view that continuance of the proceedings in C.C.No.2162 of 2023 on the file of Judicial First Class Magistrate, Zaheerabad, would be an abuse of process of law and are liable to be quashed and are accordingly quashed.

11. For the aforesaid reasons, this Criminal Petition is allowed.

Miscellaneous applications pending, if any, shall stand closed.

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ANIL KUMAR JUKANTI, J Date:15.07.2025 plp