Sec.482 Cr.P.C. - Sec.353, 506(503) of I.P.C. - Misbehavior of Traffic Police Inspector with out registering any complaint or FIR against the accused in police station - posted comments about his misbehavior- not amounts to obstruction of official duty and also criminal intimidation - the appellants posted comments on the Bangalore Traffic Police Facebook page, accusing Mr. Kasim of his misbehavior and also forwarded an email complaining about the harassment meted out to them at the hands of the Respondent Police Inspector. - As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.- 2015 S.C. MSKLAWREPORTS
Sec.482 Cr.P.C. - Sec.353, 506(503) of I.P.C. - Misbehavior of Traffic Police Inspector with out registering any complaint or FIR against the accused in police station - posted comments about his misbehavior- not amounts to obstruction of official duty and also criminal intimidation - the appellants posted comments on the Bangalore Traffic Police Facebook page, accusing Mr. Kasim of his misbehavior and also forwarded an email complaining about the harassment meted out to them at the hands of the Respondent Police Inspector. - As far as the comments posted on the Facebook are concerned, it appears that it is a public forum meant for helping the public and the act of appellants posting a comment on the Facebook may not attract ingredients of criminal intimidation in Section 503 IPC.- 2015 S.C. MSKLAWREPORTS
The legal position is well-settled that when a prosecution
at the initial stage is asked to be quashed, the test to be applied by the
Court is as to whether the uncontroverted allegations as made, prima facie,
establish the offence.
It is also for the Court to take into consideration
any special features which appear in a particular case to consider whether
it is expedient and in the interest of justice to permit the prosecution to
continue.
Where, in the opinion of the Court, the chances of ultimate
conviction is bleak and no useful purpose is likely to be served by
allowing a criminal prosecution to continue, the Court may quash the
proceeding even though it may be at a preliminary stage. -