HC quashes criminal proceedings against Jubbal residents, mere protest not obstruction
Photo used for indicative purpose only. Source internet
Shimla, Aug 22
Himachal Pradesh High Court has quashed criminal proceedings against Sanjay Kumar Khanna and others, holding that merely protesting or making allegations against police officials does not amount to voluntarily obstructing a public servant in the discharge of official duty.
Justice Sandeep Sharma passed the order on July 28 while allowing a petition seeking quashing of Kalandra No. 422/B filed by the Jubbal police under Sections 186 and 189 of the Indian Penal Code. The proceedings were pending before the Judicial Magistrate First Class, Jubbal.
According to the case record, on August 5, 2022, police personnel conducting a naka near Bowli Nallah stopped the petitioners’ vehicle and checked its documents. The petitioners alleged that a police official had demanded Rs 5,000, which they refused to pay. They also alleged that a head constable misbehaved with them and lodged a complaint at Jubbal police station.
The police, however, subsequently registered a report alleging that the occupants had threatened and obstructed the head constable while he was checking vehicles. The vehicle was challaned for various violations, including installation of LED lights.
The High Court observed that the petitioners had produced the required documents and the police had proceeded to issue the challan. There was no material showing that they had prevented or attempted to prevent the police official from performing his duty.
The court held that mere remarks, protest or intemperate language, without an overt act involving force, threat or actual interference with official duty, would not constitute obstruction under Section 186 IPC. It quashed the Kalandra and consequential proceedings and acquitted the accused.
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