VIJAYALAKSHMI Vs. STATE

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No. 11082 of 1987 on the file of the 14th Metropolitan Magistrate, Egmore, Madras. THE prosecution has been initiated by the respondent for an offence under Sec.160, Indian Penal Code in respect of an incident said to have taken place at 11.30 A.M. on 19.4.1987 inside the Mansion Site Police Quarters, on the common staircase.

(2.) THE allegation against the petitioner is that when at 11.30 AM. on 19.4.1987 one Lakshmi, the wife of G.James, questioned the petitioner about her hurling abuses regarding the parking of cycle by a boy in the common staircase, the petitioner and Lakshmi quarrelled among themselves and assaulted each other. It is stated that both of them were separated by Kannan, the younger brother of the petitioner.

(3.) TO constitute an offence of affray under Sec.160, Indian Penal Code: a. There must be a fight between two or more persons b. such fight must be in a public place and c. the fight must disturb the public peace. A public peace is one where public go or is frequented by the public. This will indicate that the place where the public are actually in the habit of going must be deemed to be a public place. Places where people gather as a matter of right may become a public place and in certain circumstances, where the public go, no matter whether they have a right to go or not on private property, if they are frequented by public, it may still become a public place. Therefore, what exactly a public place is may vary from time to time and will depend upon the facts unfurled in each case. By no stretch of imagination, the police quarters which is the scene of occurrence in this prosecution can be deemed to be a public place. Further, the fight alleged must disturb the public peace. There is no averment whatsoever in the entire records to indicate that the fight disturbed the public place. Except the first ingredient of fight between two or more persons, the other two ingredients are not attracted.