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2025LatestLegalMay 2025Supreme Court

Quashing of FIR for offences under Sections 186 and 353 IPC

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Appellant No.1 is the Project Coordinator at Guria organization fighting against human trafficking and commercial sexual exploitation of girls / children in the State of Uttar Pradesh.

Appellant No.1 had given an application to the District Magistrate, Varanasi alleging bonded / child labour engaged in a brick kiln at Varanasi and prayed for their rescue.  The laborers found at the kiln were brought to the police station.  However, the owner took the labourers.  Appellant no.1 disclosed these facts to the District Magistrate. The appellants with others forcibly took the labourers and children.   The appellants did not obey the instructions of the joint team and did not allow them to record their statements before taking the labourers.

FIR was filed against the appellants for obstruction to the discharge of official duty.   Charge-sheet was filed for offences under Sections 186 and 353 of IPC.

HELD that summoning of an accused is a serious matter affecting liberty and dignity of the individual.  Judicial Intervention under  Section 482 Cr PC to weed out vexatious proceedings of pivotal importance to protect individuals from untelling harassment and misery and to ensure unmerited prosecution do not crowd overflowing dockets of criminal courts and yield space for deserving cases.   Faced with the agony of a lame prosecution, it is of little solace to a litigant to be told that inherent powers are shut out as he is entitled to approach the trial court and pray for discharge.  The inherent power of the High Court to prevent abuse of process of court is much wider in amplitude than the discharge powers and cannot be whittled down on the plea of existence of such remedy.

Section 353 is attracted when there is use of assault or criminal force on a public servant during execution of his duty.  

The uncontroverted allegations in the charge-sheet do not disclose use of force or threatening or use of force towards public servants.  The endeavours of the appellants were not to impede interrogation but to ensure that it was conducted in a more effective manner.

Judgment dated 8.5.2025 of the Supreme Court of India in Criminal Appeal No.439 of 2018 of Umashankar Yadav and another    Vs.  State of Uttar Pradesh through Chief Secretary and another

 

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