M M HARIES Vs. STATE OF KERALA

JUDGEMENT

(1.) A bunch of anonymous letters was received by a woman. A mere glance through those letters is enough. Any reader can perceive the foul smell of the author's filthy intentions. The victim's modesty gets hurt, injured, outraged, and terribly insulted. This is only normal. Her distress would have withered away, unheard and unattended. This is also not quite unusual. But, the victim in this case happened to be a senior police official from IPS cadre. She did not choose to languish her grievances in secrecy. She got the author traced out, unmasked him and brought him before law. A charge sheet was filed against him alleging commission of certain offences under the Indian Penal Code (IPC, for short).

(2.) Petitioner seeks to quash the charge laid against him under Section 292, 294(b) and 506(1) of IPC. The records in this case reveal mainly the following allegations: A lady police officer while working as District Superintendent of Police received some anonymous letters sent to her in her name-address through courier service. Those were all sent in her personal name so that the sender intended that those be read by the recipient. Vulgar and obscene language was used in the letters and those were written, intending to insult her modesty. The Superintendent of Police directed the Circle Inspector of Police to conduct an inquiry into the same. On inquiry, it was revealed that the petitioner was the author of those letters and a crime was registered against the petitioner. After investigation, charge sheet was laid against him under Section 292, 294(b) and 506(1) of IPC.

(3.) Learned counsel appearing for the petitioner contended that none of the acts allegedly committed by the petitioner would constitute any of the offences for which he is charge sheeted. The offences which are mentioned in the charge sheet are under Section 292, 294(b) and 506(i) of IPC. On going through the above provisions, I find that to attract offence under Section 292 IPC, there must be public circulation, sale or distribution of the alleged obscene writing. To make out an offence under Section 294(b) of IPC, the alleged obscene act must have been committed by the accused in or near a public place. But, the relevant letters were all sent to the victim in her personal address and those were expected to be read by her privately. Therefore it appears that the accused has not intended to do anything in public and hence neither an offence under Section 292 nor under 294 IPC is made out.