The Karnataka High Court has quashed criminal proceedings against a shopkeeper who was accused of making insulting remarks about Prime Minister Narendra Modi, holding that the complaint did not contain specific allegations necessary to sustain the offences.
Justice Venkatesh Naik T, sitting at the Dharwad Bench, observed that the accusations were broad and lacked particulars showing that the shopkeeper had intentionally insulted the complainant with the aim of provoking a breach of peace.
The case arose from an incident involving shopkeeper Imtiyaz Nuruddin Chinchali at Athani in Belagavi district. Police had registered a case in January after a video of the incident surfaced.
According to the complaint, Chinchali allegedly made insulting remarks concerning the Prime Minister after being questioned about barricades placed outside his shop. The barricades were alleged to have obstructed the road.
Police invoked Sections 285 and 352 of the Bharatiya Nyaya Sanhita (BNS), relating respectively to obstruction of a public way and intentional insult intended to provoke a breach of peace.
Before the High Court, Chinchali challenged the proceedings, arguing that the complaint did not specifically allege that he had abused or intentionally insulted the complainant. It was also contended that the alleged political remarks could not, without more, be converted into a personal criminal allegation against the accused.
The Court noted that the complaint was lodged four days after the incident and found that the material placed on record did not establish the essential elements of the offences invoked by the police.
The Bench observed that the central allegation was that Chinchali had made certain statements concerning the Prime Minister when questioned about the barricades. However, there was no specific allegation that he had abused or intentionally insulted the complainant in a manner calculated to provoke a breach of peace.
Finding that the alleged offences were not made out, the High Court held that allowing the criminal proceedings to continue would amount to an abuse of the process of law.
The entire criminal proceedings against Chinchali were consequently quashed in the case of Imtiyaz Nuruddin Chinchali v. State of Karnataka.
