GARGI BANERJEE Vs. GEORGE

JUDGEMENT

(1.) PETITIONER is accused in crime No.732/10 of Chalakkudy police station and C.C.No.889/10 of the Court of learned Judicial First Class Magistrate, Chalakkudy for offences punishable under Section 294 (b) and 447 of Indian Penal Code. Case is that on 29.06.2010 at about 1.30pm petitioner trespassed into the courtyard of first respondent (her father in law), uttered obscene words and committed offence as alleged. PETITIONER contented that the final report and cognizance taken against her are not correct since on the materials on record no offence is made out. I have heard the learned Public Prosecutor also.

(2.) ACCORDING to the petitioner, she was summoned to the house of first respondent and, she was assaulted by the first respondent for which the police has registered crime No. 732/2010. It is pointed out by learned counsel that to attract the offence under Section 294(b) of the Penal code the alleged obscene words must be uttered at a public place and at any rate, materials produced by prosecution do not say what exactly are obscene words allegedly used by the petitioner. It is also submitted that no offence of trespass is involved, since the petitioner is the daughter-in law of first respondent and is entitled to go to the house of first respondent.