The Supreme Court on Thursday nullified a 2015 FIR lodged against B N John, accused of assaulting on-duty public servants, citing significant legal flaws in the initial investigation. The case, stemming from an incident that allegedly took place while John and his associates were reportedly creating a disturbance, has been under scrutiny for lacking concrete allegations and proper legal procedures.
A bench comprising Justices B V Nagarathna and N Kotiswar Singh overturned a September 2023 decision by the Allahabad High Court, which had denied John’s plea challenging the Varanasi Chief Judicial Magistrate’s (CJM) decision to initiate criminal proceedings. The Supreme Court highlighted that the FIR did not specify any acts under IPC section 353, which deals with assault or criminal force to deter a public servant from discharge of duty, and pointed out that the charges were based on generalized allegations.
Further complicating the legal proceedings, the court observed that the written complaint lodged by the district probation officer was directed to an executive magistrate rather than a judicial magistrate, rendering it invalid. Additionally, statements recorded later under section 161 of the Code of Criminal Procedure (CrPC) seemed to be an afterthought with vague details.
The apex court also noted a mishandling in the application of IPC section 186, which concerns obstructing a public servant in discharge of public duties. According to the bench, the police unjustifiably treated the matter as a cognisable offence during the investigation, a move deemed impermissible as per legal standards.
The ruling emphasized that for a charge under IPC section 353, it is essential not only to prove obstruction but also the actual use of criminal force or assault, which was not established in this case. The court concluded that the entire investigation was tainted by jurisdictional and procedural errors right from the start, leading to the quashing of all related orders by the CJM, Varanasi.
