Court Rules Allegations of Abusive Language and Threats Insufficient for Criminal Intimidation and Assault Charges
In a significant legal decision, the Bombay High Court's Goa Bench has quashed the FIR and chargesheet against Gaurav Bakshi, who was accused of using abusive language and threatening a public servant. The court, presided over by Justice Amit S. Jamsandekar, concluded that the allegations did not fulfill the essential statutory ingredients necessary to constitute the offenses under Sections 132, 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
The case arose from an incident on December 12, 2025, at the office of the Mamlatdar of Tiswadi Taluka in Panaji, Goa. Gaurav Bakshi was accused of using offensive language and making threats towards the 2nd Respondent, a public servant, during an interaction concerning a land use conversion file. The FIR was subsequently registered by Panaji Police Station, and charges were filed against Bakshi under the specified sections of the Bharatiya Nyaya Sanhita.
Bakshi's defense argued that even if the allegations were accepted in full, they did not meet the legal criteria for the charges of assault, criminal force, or criminal intimidation. The defense highlighted that mere words or intentions to lodge a vigilance complaint do not equate to criminal intimidation or force, as per the legal definitions provided in Sections 128, 129, and 130 of the Bharatiya Nyaya Sanhita.
The court concurred with the defense, noting that the statements attributed to Bakshi, such as "I will show you" and "I will see that you lose your job by registering a vigilance case against you," lacked the necessary elements to constitute a threat of injury, fear, or criminal force. The judge emphasized that the continuation of the proceedings would amount to an abuse of the legal process.
The judgment also considered the context in which the FIR was filed. It was noted that Bakshi had previously lodged a complaint against the 2nd Respondent, which added a layer of complexity to the case, suggesting the FIR might not have been entirely free of bias.
In exercising its inherent powers under Section 482 of the Criminal Procedure Code, 1973, the court quashed the FIR and chargesheet, thereby nullifying the criminal proceedings against Bakshi. The decision underscores the judiciary's role in preventing the misuse of the legal process and ensuring that criminal charges meet the statutory requirements before proceeding to trial.
Bottom Line:
Quashing of FIR and chargesheet under Sections 132, 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023 - Allegations of abusive language and threats against a public servant - Held, mere use of abusive language, rude words, or intention to lodge a vigilance complaint does not constitute criminal intimidation, assault, or criminal force in the absence of essential statutory ingredients - Continuation of proceedings would amount to abuse of legal process.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 132, 352, 351(3); Criminal Procedure Code, 1973 Section 482
Gaurav Bakshi v. State of Goa, (Bombay)(Goa Bench) : Law Finder Doc id # 2964491
