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Judgment
J. Das, J.—This Criminal Misc. Case arises out of the order dated 29-4-1987 passed by Sri B.C. Nanda, Sub-divisional Judicial. Magistrate, Nayagarh in I.C.C. Case No. 40 of 1987 taking cognizance u/s 504, I.P.C.
The prosecution case briefly stated is that the accused persons (Petitioners) abused the complainant in filthy language by standing on the village ''Danda'' and the words of abuse are "SALA, MAGIHA, MADORCHOD". A complaint petition was filed by the complainant and after examining the complainant u/s 200, Code of Criminal Procedure. on 29-4-1987, the learned Sub-divisional Judicial Magistrate took cognizance u/s 504, I.P.C. and this order has been challenged in this Court.
The question is whether the allegations made in the complaint petition and testified by the complainant on S.A. make out an offence u/s 504, I.P.C. If the words used by the accused persons amount to intentional insult and provoke the complainant to cause breach of peace or to commit any other offence, than the offence u/s 504, I.P.C. is made out.
In this case the words alleged to have been used by the accused persons are held to be filthy words and any body can be insulted if such words are used against him and he may also be provoked to commit breach of peace or to commit any other offence. In villages such words are also viewed very seriously. In any case, now people have become enlightened self-conscious and they are always out to protect their self-respect. In such circumstances, the above words will certainly give insult and provoke a man to commit breach of peace or any other offence. There is prima facie case for the offence u/s 504, I.P.C. and so the lower Court has taken the congnizance u/s 504, I.P.C. very correctly and I find no reason to interfere with the same.
In the result, there is no merit in this criminal mise. case and the same is dismissed
Criminal misc. case dismissed.