Criminal Procedure Code, 1973
Section 482—Inherent powers of High Court—Exercise of—Petition to quash Kalandara under Section 186 of IPC—Exercising its inherent power under Section 482 of CrPC, the High Court can proceed to quash proceedings, if it comes to the conclusion that allowing the proceedings to continue would be an abuse of process of the law—Case of prosecution that on the date of alleged incident, petitioner failed to stop his vehicle despite signal and when Police demanded the documents, petitioner-accused went live on Facebook and made certain remarks—To invoke Section 186 of IPC, it is incumbent upon prosecution to prove that person charged with said section voluntarily obstructed any public servant in discharge of his public function—Nothing on record to suggest that petitioner stopped police from challaning him, rather police, after having notice certain discrepancies, challaned him under Section 177 and 179 of the Motor Vehicles Act—Once there is no allegation that accused used a physical force to cause any obstruction to the police official, who admittedly after having notice certain non-compliances on the part of the accused-petitioner, challaned him under Section 177 and 179 of the Motor Vehicles Act, no case under Section 186 of IPC, could have been initiated against the petitioner—Passive conduct without disturbing a public servant in discharge of his functions or duties will not amount to voluntary obstructing a public servant within the meaning of Section 186 of the IPC—Making certain remarks, if any, on Facebook may not be sufficient to conclude obstruction, if any caused by petitioner—Kalandara under Section 186 of IPC as well as consequent proceedings are quashed and set aside—Petition allowed.
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