Court finds allegations insufficient to constitute charges of wrongful restraint and outraging modesty under IPC.
In a significant judgment, the Kerala High Court has quashed the criminal proceedings against A.T. George, a member of the 13th Legislative Assembly, in connection with the 2015 protest incident within the Kerala Assembly. The protest was staged by opposition MLAs demanding the resignation of the then Finance Minister over corruption allegations.
The petitioner, A.T. George, was the second accused in the case registered on the basis of a private complaint by another MLA, alleging offences under Sections 341 (wrongful restraint), 354 (assault or criminal force to a woman with intent to outrage her modesty), and 509 (word, gesture or act intended to insult the modesty of a woman) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
The High Court, presided over by Justice C.S. Dias, invoked its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings. The Court found that the allegations in the complaint, even if accepted in their entirety, did not satisfy the essential ingredients required to constitute the offences charged against the petitioner.
The complaint alleged that during the commotion in the Assembly on March 13, 2015, A.T. George hit the complainant on her back with his elbow. However, the Court observed that this specific act did not amount to the offences under Sections 341 or 354 IPC. The absence of any charges for causing hurt further weakened the prosecution's case against the petitioner.
The Court emphasized that allowing the prosecution to continue in the absence of essential ingredients of the alleged offences would amount to an abuse of the process of law. This decision aligns with the principles laid down in the landmark case of State of Haryana v. Bhajan Lal and other relevant precedents.
The judgment underscores the judiciary's role in preventing unwarranted prosecutions where the allegations do not meet the legal thresholds for the charged offences. The decision brings relief to A.T. George, highlighting the importance of legal scrutiny in politically sensitive cases.
Bottom Line :
In a case where allegations in the complaint fail to satisfy the essential ingredients of the offences charged, continuation of prosecution would amount to abuse of the process of law and can be quashed under Section 528 of Bharatiya Nagarik Suraksha Sanhita.
Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 341, 354, 34 of the Indian Penal Code, 1860.
A.T. George v. State of Kerala, (Kerala) : Law Finder Doc id # 2962553
