The Karnataka High Court recently quashed criminal proceedings against a shopkeeper booked for using insulting words against Prime Minister Narendra Modi [Imtiyaz Nuruddin Chinchali v State of Karnataka].
Justice Venkatesh Naik T found that the allegations against the shopkeeper were general and omnibus in nature.
"There is no specific allegation that the petitioner abused or intentionally insulted the complainant so as to provoke a breach of peace," the Court said.
The Court also said there was a delay of four days in lodging the complaint. It added that since no offences were made out in the case, continuation of proceedings would amount to an abuse of the process of law.
Athani police station in Belagavi had registered the case in January on the basis of a video of the incident involving shopkeeper Imtiyaz Nuruddin Chinchali.
The accused on the date of incident had allegedly used insulting words against the Prime Minister after he was questioned about the barricades placed by him outside his shop. The barricades had allegedly caused an obstruction on the road.
He was booked under Sections 285 (obstruction in a public way) and 352 (intentional insult to provoke breach of peace) of the Bharatiya Nyaya Sanhita (BNS).
Challenging the case before the Dharwad bench, the counsel representing the accused argued that there was no allegation of him having abused the complainant. The counsel added that complainant cannot convert an alleged political statement into personal legal prosecution and set the criminal law in motion.
On September 18, the Court found the complaint and the material on record did not disclose the essential ingredients of the offences alleged against the accused. It thus quashed the entire proceedings.
"The allegation against the petitioner is essentially that, when the complainant questioned him regarding the barricades, he made certain statements against the Hon'ble Prime Minister of India. There is no specific allegation that the petitioner abused or intentionally insulted the complainant so as to provoke a breach of peace," the Bench said.
Advocate Nitin Bolabandi appeared for the accused.
High Court Government Pleader Praveena Y Devareddyavara appeared for the State.
Advocate Santosh Naragund represented the complainant.
[Read Order]