The Karnataka High Court has recently quashed a criminal case against Anumandala Rajesh Reddy, ruling that mere use of abusive language without clear intent or physical aggression does not meet the legal criteria under Section 504 of the Indian Penal Code (IPC). The case, which involved alleged verbal abuse and obstruction of police duties, was dismissed due to lack of specific and substantial evidence.
The complaint stemmed from an incident on November 4, 2020. The Channapatna East Police Station had attempted to apprehend Rajesh Reddy in connection with another case (Crime No. 102/2020). During the arrest, the police alleged that Reddy used obscene language, tried to assault them, and obstructed them in performing their duties. As a result, another FIR (Crime No. 103/2020) was registered against him under IPC Sections 353 and 504.
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Section 353 of the IPC pertains to using criminal force to deter a public servant from discharging their duties, while Section 504 concerns intentional insults made to provoke a breach of peace.
Upon review, the Hon’ble Justice Mohammad Nawaz noted that the allegations in the complaint were vague. The complaint did not specify the abusive words used or give any clear indication of physical assault.
“It is not stated as to the exact words spoken by the petitioner to abuse the complainant and other police officials and the use of criminal force,” the judge observed.
He further stated that the use of abusive language alone does not fulfill the essential ingredients of Section 504 IPC unless it is clearly intended to provoke a breach of peace.
“Mere use of abusive language would not by itself attract the ingredients of Section 504 IPC,” Justice Nawaz clarified.
In the course of arguments, the petitioner’s counsel pointed out that in the original case (Crime No. 102/2020), a 'B' report was already filed by the police, indicating closure due to lack of evidence. The prosecution did not dispute this fact.
Taking all these facts into account, the court held that the complaint failed to establish the required elements for the offences alleged under Sections 353 and 504 IPC. Therefore, the judge allowed the petition and issued the following order:
“The entire proceedings in CC No.1199/2021 pending before the Court of the Additional Civil Judge and JMFC, Channapatna, arising out of Cr.No.103/2020 of Channapatna East Police Station are quashed.”
Case Title: Anumandala Rajesh Reddy AND State of Karnataka
Case No: CRIMINAL PETITION NO. 8897 OF 20234
Appearance: Advocate Ramakrishna Srinivasan for Petitioner.
Additional SPP Asma Kouser for R1.
