2000 (5) TMI 1099 - HC - Indian Laws

Summary

Issues Involved:
1. Quashing of criminal proceedings under Sections 147/149/323/506/354 IPC.
2. Legality of the charge sheet against the petitioner.
3. Formation of an unlawful assembly.
4. Individual acts of the petitioner under Sections 506/354/323 IPC.
5. Investigation of non-cognizable offence under Section 323 IPC without magistrate's permission.

Issue-wise Detailed Analysis:

1. Quashing of Criminal Proceedings:
The petitioner sought quashing of criminal proceedings emanating from FIR No. 248/96 under Sections 147/149/323/506/354 IPC. The court emphasized that the power to quash an FIR or criminal prosecution should be sparingly exercised, with due regard to guidelines laid down in State of Haryana vs. Bhajan Lal, which outlines scenarios where such power can be invoked to prevent abuse of process or to secure justice.

2. Legality of the Charge Sheet:
The court noted that the charge sheet constitutes prima facie evidence for proceeding further. At the stage of framing charges, the court must evaluate the material and documents to determine if the allegations disclose the existence of all ingredients constituting the alleged offence. The court must not act as a mouthpiece of the prosecution but consider the broad probabilities of the case.

3. Formation of an Unlawful Assembly:
The petitioner and Ms. Mayawati were charged under Sections 147/149 IPC. The court highlighted that to constitute an "unlawful assembly," there must be an assembly of five or more persons with a common object as specified in Section 141 IPC. The court found that the assembly at the petitioner's residence, which included security personnel and BSP leaders, did not qualify as an unlawful assembly. The security personnel were there to provide security, not to form an unlawful assembly. Thus, charges under Sections 147/149 IPC were deemed groundless.

4. Individual Acts of the Petitioner:
- Section 354 IPC: The court found no evidence that the petitioner assaulted or used criminal force intending to outrage the modesty of Ms. Renuka Puri. Hence, the charge under Section 354 IPC was groundless.
- Section 506 IPC: The complainant alleged that the petitioner exhorted his security personnel to thrash journalists, but there was no evidence that the threat caused alarm to the complainant. The court held that a mere threat does not constitute an offence under Section 506 IPC.
- Section 323 IPC: The petitioner was alleged to have assaulted the complainant, causing simple injuries. However, this offence is non-cognizable, and the police investigated it without the magistrate's permission, violating Section 155(2) Cr.P.C. Thus, the prosecution under Section 323 IPC was quashed.

5. Investigation of Non-Cognizable Offence:
The court noted that the FIR did not disclose any cognizable offence, only a non-cognizable one under Section 323 IPC. The police investigated without the magistrate's permission, violating Section 155(2) Cr.P.C. To circumvent this, the case was registered under multiple sections, including cognizable offences. The court held that this violation rendered the investigation and subsequent prosecution illegal.

Conclusion:
The court concluded that the allegations in FIR No. 248/96 and the evidence collected did not disclose the commission of any cognizable offence against the petitioner. Consequently, the criminal proceedings were quashed, and the petitioner was discharged along with his bail bonds.