SYED ESA IBRAHIM Vs. STATE

JUDGEMENT

(1.) Petitioners - accused Nos.1 and 2are sought to be prosecuted for the offences under Ss. 341, 353, 506 and 114 r/w Sec. 34 of IPC.

(2.) Case of the prosecution is that; accused No.1 was running the hotel business beyond 11.30 pm on the date of incident, and when the complainant and other police personnel questioned the same, the accused abused them with unparliamentary words, and threatened them with dire consequences and restrained them from discharging their official duties.

(3.) Learned counsel for the petitioners submits that even accepting the allegations made against the petitioners, on the face of it, does not satisfy the essential elements to constitute the commission of the alleged offences. Therefore, the continuation of the criminal proceedings would be an abuse of process of law.