AI Structured Summary
Not yet generated for this judgment
Judgment
Arunachalam, J.—Petitioner is the sole accused in S.T.C. No. 589/91 pending on the file of Judicial Magistrate No. VII, Madurai. He is being prosecuted for having allegedly committed an offence punishable under S. 75 of the Tamil Nadu City Police Act, on a final report laid by the respondent, who is the Inspector of Police, Thirupparakundram, on completion of investigation in Crime No. 35/91.
Sum and substance of the prosecution case is that at or about 4 P.M. on 9.1.1991, petitioner was summoned to Thirupparankundram Police Station, for an enquiry, on a petition preferred by Periyashvar. In the course of such enquiry, petitioner insulted and abused in vulgar words the enquiring Sub-Inspector of Police and questioned him, if he was a big officer. Witnesses examined during investigation to substantiate the case in the first information report, speak of such insult and abuses having been hurled at the Sub-Inspector of Police, by the petitioner.
In this petition preferred under S. 482 of the Code of Criminal Procedure, to call for the records and quash the pending prosecution as not maintainable and an abuse of process of Court, Mr. R. Shanmughasundaram, learned counsel appearing on behalf of the petitioner, contended that mere abuses or usage of insulting words inclusive of indecent behaviour, will not be sufficient to attract an offence punishable under S. 75 of the Tamil Nadu City Police Act, for such activity must either cause or in any event must be of such a character so as likely to cause a breach of public peace. As long as the record made available to the magistrate does not refer to this specific ingredient, the pending prosecution cannot be allowed to survive any longer.
On this ground, I have heard Mr. S. Shanmughavelayutham, learned Additional Public Prosecutor.
After careful auditing, I have no hesitation in upholding the contention urged.
S.75(1)(c) which does not require the ingredient of being found drunk, postulates prosecution of persons found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or likely to cause a breach of public peace. As rightly contended by petitioner''s counsel, mere usage of words "abusive" or "insulting" or even "indecent or disorderly behavior "may not per se constitute an offence under S. 75(1)(c) of the Act, unless there is either causation of breach of public peace or likelihood of causation of a breach of public peace. That is a very relevant ingredient to initiate a prosecution under S. 75(1)(c) of the Act. May be the petitioner has committed some other offence, but certainly not one under S. 75(1)(c) of the Tamil Nadu City Police Act. The impugned prosecution laid for this particular offence, cannot be maintained.
All further proceedings in S.T.C. No. 589/91 on the file of Judicial Magistrate No. VII, Madurai, shall stand quashed. This petition is allowed.