Abusing police over phone does not amount to offence of obscenity under Section 294 IPC: Kerala High Court

Using abusive words over a phone call to the police would not amount to the offence of obscenity under Section 294(b) of the Indian Penal Code (IPC), the Kerala High Court recently held. .Justice PV Kunhikrishnan made the observation while quashing a criminal case filed against a 51-year-old woman (petitioner) who had allegedly used abusive language while speaking to a Station House Officer over the phone..“Here the prosecution alleged that the petitioner, a 51-year-old citizen, used abusive language to the Station House Officer of Alappuzha North Police Station over the phone. Even if the entire allegation in the final report is accepted, I am of the considered opinion that the offences under Section 294(b), Section 506(i) of IPC, and Section 120(o) of the Police Act are not made out in this case," the Court said. .The case was filed after the woman contacted the Station House Officer of Alappuzha North Police Station. The police officer claimed that the accused woman used abusive language during three phone calls made by her to the police officer.For her alleged conduct, the woman was charged with the offences punishable under Sections 294 (b) (singing, reciting or uttering any obscene song, ballad, or words in or near any public place), and 506 (criminal intimidation) of the IPC, apart from Section 120(o) of the Police Act. .The woman, on the other hand, maintained that it was a false case foisted on her and that she had only called the police official to ask him for an update on a noise pollution complaint she had made earlier.She counter-alleged that the police officer had verbally abused her when she asked for this update. Further, she also filed a complaint against the police official over the incident. .Justice Kunhikrishnan relied on the case of James Jose v. State of Kerala to hold that the alleged incident and the words used by the accused woman over the phone, even if it is assumed the allegations are true, would not constitute obscenity under Section 294(b) of the IPC."Admittedly the allegation is that the petitioner contacted the defacto complainant over phone and used abusive language. Even if the petitioner used abusive words over phone, that would not attract an offence under section 294(b) IPC," the Court said. .The High Court was further of the prima facie opinion that the criminal case was registered against the woman as a counterblast to the complaint filed by her against the police official..The Court, therefore, quashed the case. Further it also directed the District Police Chief to conduct an enquiry into how the criminal complaint was filed against the petitioner-woman. ."In the normal course, such an incident is unbelievable in our society. Citizens always respect the police authorities. Therefore, the District Police Chief should conduct an enquiry about the registration of this case against the petitioner and if there is any default on the part of the defacto complainant, appropriate steps should be taken in accordance with law," the Court ordered..Public Prosecutor MP Prasanth appeared for the State government. The petitioner-woman appeared in person before the High Court.. .Litigants need not argue their case before court with tears and folded hands; judges are not Gods: Kerala High Court.[Read Order]