In a recent ruling, the Kerala High Court absolves a 51-year-old woman of obscenity charges under Section 294(b) of the Indian Penal Code (IPC) for using abusive language during a phone call to a Station House Officer. Justice PV Kunhikrishnan made this decision while dismissing the criminal case filed against the petitioner.
The case stemmed from the woman’s interaction with the Station House Officer of Alappuzha North Police Station, during which she allegedly used abusive language in three phone calls. She faced charges under IPC Sections 294(b) (related to obscene language), 506 (criminal intimidation), and Section 120(o) of the Police Act.
The woman contended that the case was fabricated and that she had merely contacted the police officer to inquire about a noise pollution complaint she had previously lodged. She also claimed that the police officer verbally abused her during this interaction and filed a counter-complaint against him.
Justice Kunhikrishnan cited the case of James Jose v. State of Kerala to support his judgment, emphasizing that even if the allegations were true, the language used by the woman did not constitute obscenity under Section 294(b) of the IPC.
The High Court also expressed its suspicion that the criminal case against the woman was a retaliatory action in response to her complaint against the police officer. Consequently, the court quashed the case and ordered the District Police Chief to conduct an inquiry into the circumstances surrounding the filing of the complaint.
The court underscored the significance of maintaining respect for police authorities in society and emphasized that any default by the complainant should be addressed in accordance with the law.
The petitioner-woman appeared in person before the High Court, while Public Prosecutor MP Prasanth represented the State government.
