Allegations of Insulting Statements Against Prime Minister Found Baseless; Criminal Proceedings Quashed
In a notable decision, the Karnataka High Court, Dharwad Bench, presided by Justice Venkatesh Naik T., quashed the criminal proceedings against Shri. Imtiyaz Nuruddin Chinchali, who was accused of making insulting remarks against the Hon'ble Prime Minister of India. The court observed that the allegations were general and lacked the specific intent required to constitute an offence under the Bharatiya Nyaya Sanhita, 2023.
The case, registered as Criminal Petition No.101720 of 2026, stemmed from an incident on January 7, 2026, when Chinchali allegedly placed barricades outside his shop, causing public inconvenience. When confronted by the complainant, Chinchali is reported to have made derogatory remarks about the Prime Minister. However, the complaint was lodged only on January 11, 2026, leaving a four-day delay unexplained.
The court emphasized that the allegations against Chinchali did not fulfill the essential ingredients of Sections 285 and 352 of the Bharatiya Nyaya Sanhita, 2023, which deal with obstruction in a public way and intentional insult with intent to provoke breach of peace, respectively. Justice Naik noted that the complaint lacked any specific claim that Chinchali abused or intentionally insulted the complainant to provoke a breach of peace, rendering the allegations general and omnibus.
The court referred to the principles established by the Supreme Court in the case of Mohammad Wajid v. State of U.P., underscoring that mere abuse or discourtesy does not amount to an offence unless it is accompanied by an intention to provoke a breach of peace. Given the absence of such intent or foundational allegations, the proceedings were deemed an abuse of the legal process.
In conclusion, the court exercised its inherent powers under Section 482 of the Criminal Procedure Code, 1973, to quash the proceedings, highlighting the importance of preventing misuse of the judicial process through baseless allegations. This decision reinforces the judiciary's role in safeguarding individuals against unjust legal actions based on insufficient or vague accusations.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023 - Sections 285 and 352 - Quashing of FIR/proceedings - Mere allegation that accused made statements against Hon'ble Prime Minister, without specific allegation of intentional insult to complainant so as to provoke breach of peace, does not satisfy ingredients of Section 352 - General and omnibus allegations coupled with unexplained delay in lodging complaint justified quashing under Section 482 Cr.P.C./Section 528 BNSS.
Statutory provision(s): Sections 285 and 352 of the Bharatiya Nyaya Sanhita, 2023, Section 482 of the Criminal Procedure Code, 1973, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
