VIJAYALAKSHMI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the charge sheet filed in C.C.No.46 of 2018, on the file of the learned Judicial Magistrate, Thuraiyur, Tiruchirappalli District.

(2.) The case of the petitioner before the trial Court is that out of the animosity and grudge as against the petitioner, the defacto complainant herein lodged a false complaint before the first respondent police and thereafter, a case has been registered for the offence under Sections 341, 294(b) and 506(i) of IPC., and after completing the investigation, charge sheet has also been filed for the above said offences.

(3.) In this regard, the learned counsel appearing for the petitioner would submit that the statement of the witnesses recorded under Section 161(3) of Cr.P.C., would go to show that there is no mention about the obscene or vulgar words uttered by the petitioner. It is further submitted that in the absence of utterance of obscene words to the annoyance of others, Section 294(b) IPC., would not be attracted. Further, it is not the case of the prosecution that the alleged occurrence had been committed by the petitioner in public place. Further, for attracting Section 506(ii) of IPC., there is no averment as the petitioner made a life threat to the 2nd respondent. Therefore, in the absence of averments that the victim was put to fear and threat it cannot be said that the petitioner committed an offence of Section 506(i) IPC. According to the petitioner, the criminal proceedings initiated by the 2nd respondent is out of malice and grudge. Admittedly, the petitioner and the 2nd respondent is having the property dispute in the village in which both of them are residing.