MD.HASNAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Cdde of Criminal Procedure (in short as the Code) has been filed for quashing the entire criminal proceeding and also the order dated 9.12.1997 passed by Sri Sunil Kumar Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No. 541(C) of 1995. whereby and whereunder he has taken cognizance against the petitioner under Sec. 504 of the Indian Penal Code.

(2.) THE case of the complainant/opposite party no. 2 in short is that on 23.6.1995 at 9.00 PM while the complainant was sitting with other friends including Suresh Tiwary at the Bus Stand of Patna Junction then eight -ten persons came there and called Suresh Tiwary. It is said that they assaulted Suresh Tiwary and took him away in a Tempo. The complainant began to search Suresh Tiwary during course of which he reached Kotwali Police Station at 8 AM. Petitioner Md. Hasnain, Officer - in -charge of Kotwali Police Station was present there who on being asked told that Suresh Tiwary is accused in a theft case. The complainant denied the allegation and informed that he has filed an F.I.R. upon which the petitioner became angry and used unparliamentary language and asked him to leave the police station otherwise he would be pushed out. He also torn the F.I.R. into pieces.

(3.) IT has been contended that on the basis of allegations made in the petition of complaint no case under Sec. 504 IPC is made out. He contended that if the insult alleged consisted of spoken words only it would be essential that the word should be stated in the complaint petition in order to ascertain whether or not, the word so used would constitute an insult to the mind of an ordinary person.