MRUTUNJAYA PATTNAIK Vs. DHANESWAR DALABEHORA

JUDGEMENT

(1.) This criminal misc. case arises out of the order dated 29-4-1987 passed by Sri B.C. Nanda, Sub-Divisional Judicial Magistrate, Nayagarh in.I.C.C. Case No. 38 of 1987 taking cognizance under Section 504 of the Indian Penal Code.

(2.) The prosecution case briefly stated is that the accused persons abused the complainant in filthy language by standing on the village Danda and the words of abuse are sala. A complaint petition was filed by the complainant and after examining the complainant under Section 200 of the Criminal Procedure Code on 29-4-1987, the learned Sub-Divisional Judicial Magistrate took cognizance under Section 504 of the Indian Penal Code and this order has been challenged in this Court.

(3.) The question is whether the allegations made in the complaint petition and testified by the complainant on S.A. marke out an offence under Section 504 of the Indian Penal Code. If the words used by the accused persons amounts to intentional insult and provoke the complainant to cause breach of peace or to commit any other offence, then the offence under Section 504 of the Indian Penal Code is made out. In this case the words alleged to have been used by the accused persons are held to be filthy words and anybody can be insulted if such words are used against him and he may also be provoked to commit breach of peace or to commit any other offence. In villages such words are also viewed very seriously. In any case, now people have become enlightened and self conscious and they are always out to protect their self respect. In such circumstances, the above words will certainly give insult and provoke a case to commit breach of peace or any other offence. There is prima facie case for the offence under Section 504 of the Indian Penal Code and so the lower Court has taken the cognizance under Section 504 of the Indian Penal Code very correctly and I find no reason to interfere with the same.