Raising Voice Against Public Servant Does Not Amount To Offence U/S 353 Of IPC: Karnataka High Court
The Karnataka High Court has quashed a criminal case registered against a home guard who was charged for raising his voice demanding certain documents from the hands of the complainant, a police constable.
Justice M Nagaprasanna allowed the petition filed by Ramesh Karoshi, who was charged for offences punishable under section 353, 506 of the Indian Penal Code.
It was alleged that the petitioner had raised his voice and hurled abuses against the 2nd respondent complainant. The police conducted an investigation and filed a charge sheet against the petitioner.
The petitioner argued that except raising of the voice, there is no other allegation against the petitioner. The incident of raising his voice is blown out of proportion by the police is his submission.
The bench on going through the records said “Section 353 mandates that a public servant should be stopped from performing duties by usage of criminal force. There is no allegation in the case at hand that the petitioner indulged in assault of a public servant or used criminal force which came in the way of the public servant performing her duties.”
The only allegation against the petitioner is speaking to the 2nd respondent/complainant by raising his voice. The court said, “ This would, in the considered view of this Court, not meet the ingredients that are necessary for an offence to become punishable under Section 353 of the IPC.”
Further, it said “None of the ingredients as obtained in Section 503 of the IPC (Criminal Intimidation) are even found. Therefore, the offence under Section 506 of the IPC is also not met.”
Thus it held “In that light permitting further trial against the petitioner would become an abuse of the process of law and result in miscarriage of justice.”
Appearance: Advocate PRASHANT S. KADADEVAR for Petitioner.
HCGP JAIRAM SIDDI, FOR R-1
Citation No: 2025 LiveLaw (Kar) 104
Case Title: Ramesh Karoshi AND State of Karnataka
Case No: CRIMINAL PETITION NO. 100090 OF 2024