LI Network
Published on: December 30, 2023 at 12:45 IST
The Nagpur bench of the Bombay High Court has reinstated a Magistrate Court’s order against a college principal in Murtizapur, Maharashtra, issuing charges for offenses under IPC Sections 294 (obscenity), 504 (intentional insult), and 506 (criminal intimidation).
Justice Anil Pansare reinstated the process against the principal for remarks made inside his chamber, deeming them an obscene act.
The Court determined that the principal’s chamber qualifies as a ‘public place‘ as per Section 294 of the IPC, contrary to the Sessions Court’s view.
Highlighting the college’s accessibility to students, staff, and others connected with it, the High Court asserted that the principal’s chamber could be considered a public place within the college premises.
The Court criticized the investigating officer’s failure to approach the Magistrate to probe a non-cognizable complaint, citing Section 155 (2) of the CrPC.
The case involved an incident in November 2020, where the principal allegedly used abusive language towards a librarian in his chamber, witnessed by three staff members. Initially, a non-cognizable offense was registered, but the Magistrate took cognizance based on the complaint, issuing charges.
The Sessions Court overturned this decision, asserting the principal’s chamber wasn’t a public place and lacked video evidence.
However, the High Court, acknowledging the college as a public place and considering video evidence submitted, observed the language used as obscene and causing annoyance.
The High Court also directed the state police chief to establish guidelines for investigating officers, stressing the necessity to seek Magistrate permission to investigate non-cognizable offenses, highlighting the need for change in current practices.
