PRAYAGRAJ
Allahabad High Court while passing an order held that calling someone mad during a normal conversation is not a crime. Such a spontaneous comment made knowingly or unknowingly cannot be considered a crime unless the circumstances make it clear that such statement was made with the intention of inciting someone to disturb the peace.
The above said decision was passed by the court of Mrs Justice Jyotsna Sharma while accepting the petition challenging the summoning order issued by the lower court on behalf of petitioner.
According to prosecution complainant Dashrath Kumar Dixit, apart from being an advocate, is also a social worker working on the welfare and human rights of the disabled. In which a complaint was lodged before the District Magistrate Varanasi against Sangeeta JK, the director of Kiran, a social organization working for the welfare of disabled people in the district. Alleged that she misuses government and foreign aid funds for the welfare of disabled people.
The District Magistrate had handed over the investigation of the case to the District Disability Empowerment Officer. During interrogation during investigation, petitioner Sangeeta JK said in relation to the complainant advocate, “This person is mad”. Complainant Dashrath objected to this comment of Sangeeta JK. Said that he is an active advocate and has also been associated with social service work for years.
Taking cognizance of the case, the Magistrate’s court issued summons against Sangeeta JK. Against which the petitioner filed a revision in the District Judge’s court, but the District Judge’s court also approved the magistrate’s order. Against which the petitioner had approached the High Court.
The court accepted the petition filed by the petitioner and canceled the decisions of both the lower courts. Said that in an informal environment, such comments may be made spontaneously, knowingly or unknowingly, and may also be presented as an insult to make a point, but it cannot be considered as an offense under IPC Section 504 unless the facts are proved.
