The Karnataka High Court has ruled that merely raising one’s voice against a public servant does not constitute an offense under Section 353 of the Indian Penal Code (IPC), which deals with assault or criminal force against a public servant.
Justice M. Nagaprasanna, presiding over the case, quashed the criminal proceedings against Ramesh Karoshi, a home guard, who was charged with offenses under Section 353 and 506 of IPC.
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The case stemmed from an incident where the petitioner, Ramesh Karoshi, allegedly raised his voice and demanded certain documents from the complainant, a police constable. The police subsequently registered a case and filed a charge sheet against him.
The High Court noted that Section 353 of IPC applies only when criminal force or assault is used to obstruct a public servant from performing their duty.
"There is no allegation that the petitioner assaulted or used criminal force against the complainant. Simply raising his voice does not fulfill the requirements for an offense under Section 353 IPC," the court stated.
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Furthermore, the court found no evidence to support charges under Section 506 IPC (Criminal Intimidation).
"None of the ingredients necessary for an offense under Section 506 IPC are met," the court ruled.
The judge emphasized that proceeding with a trial based on these allegations would amount to misuse of legal process and a miscarriage of justice.
"Allowing this case to proceed would be an abuse of the process of law," the court observed.
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Consequently, the High Court quashed the criminal proceedings against Ramesh Karoshi, ensuring that no further trial would take place.
Appearance: Advocate PRASHANT S. KADADEVAR for Petitioner.
HCGP JAIRAM SIDDI, FOR R-1
Case Title: Ramesh Karoshi AND State of Karnataka
Case No: CRIMINAL PETITION NO. 100090 OF 2024
