MEGHA ANIL BHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. Heard forthwith finally by consent of the learned counsel for the parties.

(2.) The applicant, who is an accused in Crime No.414 of 2018 registered against him at Police Station, Ballarshah, Dist. Chandrapur for the offences punishable under Sections 294 and 506 of the Indian Penal Code is seeking quashing of this crime on the ground that no prima facie case is made out against him.

(3.) Shri. A.A.Dhawas, learned counsel for the applicant submits that the allegations related to the applicant are about his filthily abusing respondent no.2 over mobile phone and threatening the respondent no.2 to involve him in a false case. He submits that for an offence punishable under Section 294 of the Indian Penal Code, necessary ingredients are that, there must be obscene acts or utterances in public place and whereas, in the present case, the conversation between the applicant and respondent no.2 was in the nature of private communication and therefore, no offence punishable under Section 294 of the Indian Penal Code is made out. He also submits that so far as offence under Section 506 is concerned, it is non cognizable and can not be investigated without permission of the Magistrate and so no First Information Report under Section 154 of the Code of Criminal Procedure could have been registered in this case. He also makes a submission on merits that no offence under Section 506 of the Indian Penal Code is prima facie made out.