2019 Cri L J 2270 (Tri) ::2019 CRI. L. J. 2270 ::AIROnline 2019 TRI 78 ::2019 AllMR(CRI) 313

Tripura High Court

Hon'ble Judge(s): Arindam Lodh , J

(A) Criminal P.C. (2 of 1974) , S.203— Penal Code (45 of 1860) , S.503, S.504, S.506— Dismissal of complaint - Offence of criminal intimidation and intentional insult with intent to provoke breach of peace - Accused, Member of Parliament (MP) during her speech allegedly used threatening and filthy language - Contents of speech as well depositions of prosecution witnesses not intended to cause harm to reputation of complainant or of any other person - Speech did not motivate anyone to cause damage to property of either complainant or his supporters - Mere use of abusive words or filthy language and body posture during speech of a political leader will not come within ambit of criminal intimidation and intentional insult - Dismissal of complaint, proper. (Para 31 32 33 34 35 38) (B) Criminal P.C. (2 of 1974) , S.197, S.196— Sanction for prosecution - 'Official duty' - Member of Parliament (MP) allegedly used threatening and filthy language while addressing a political meeting - Meeting conducted as part of campaign in favour of her party - Cannot be construed as discharge of her official duty - No previous sanction necessary for taking cognizance of offence of criminal intimidation. ....