[2025:RJ-JP:46787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7414/2019 Pratap Singh S/o Shri Mohan Singh, aged about 38 Years, R/o Near Gurukul School, Sunar Mohalla, Khandar, District Sawai Madhopur (Raj.). ----Accused-Petitioner Versus 1. State of Rajasthan through PP 2. Devi Singh Tehsildar Khandar, District Sawaimadhopur. ----Respondents/Complainant For Petitioner(s) : Mr. Prashant Sharma on behalf of Ms. Vandana Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Vishal Karnani for complainant HON'BLE MR. JUSTICE ANAND SHARMA Order 19/11/2025 1. This criminal miscellaneous petition has been filed by the petitioner with a prayer to quash FIR No.273/2019 registered at Police Station Khandar, District Sawai Madhopur (Raj.) for the committing offence under Section 353 of IPC. 2. It is stated that the petitioner was holding the post of Patwari in Revenue Department, however, he was placed under suspension. During his suspension, one FIR has been lodged by the Tehsildar (land records), Khandar alleging therein that the crop in Khandar Tehsil was damaged on account of heavy rain and the petitioner sent whatsapp messages as well as telephonic calls to the working patwaris not to make correct reports with regard to damaged/ruined crops on account of heavy rains. It has further [2025:RJ-JP:46787] (2 of 5) [CRLMP-7414/2019] been alleged that on account of such messages sent by the petitioner, report of zero damage was submitted by all the girdawars and patwaris of Tehsil region Khandar. On such complaint made by Tehsildar Khandar, FIR was registered under Section 353 IPC against the petitioner. 3. Learned counsel appearing for the petitioner submits that contents of FIR do not reveal anything so as to infer that any offence under Section 353 IPC has been committed by him as the FIR lacks inclusion of essential ingredients so as to form offence as described under Section 353 IPC. It is submitted that in the FIR there is no allegation of use of criminal force or to cause any assault to any person which is the fundamental condition for making out any offence under Section 353 IPC. 4. Learned counsel further submits that thus, registering FIR under Section 353 on the basis of complaints which does not reveal anything with regard to use of criminal force or assault, amounts to abuse of process of law and the prosecution of the petitioner pursuant to such FIR would cause miscarriage of justice and grave prejudice to the petitioner. 5. Learned Public Prosecutor as well as learned counsel for the complainant opposed the petition and submitted that it is apparent from the FIR that on account of illegal intervention and intimation made by the petitioner, the girdawars and patwaris of Khandar Tehsil region gave report of zero damage on account of heavy rain which was totally against the site position, hence, even in the cases of interfering with the public servant in discharge of their public duty, offence under Section 353 IPC is made out. Thus, no mistake whatsoever has been committed by the police [2025:RJ-JP:46787] (3 of 5) [CRLMP-7414/2019] authorities in registering FIR under Section 353 IPC against the petitioner. It has also been submitted that FIR cannot be considered as an encyclopedia and offence can further be made out against the accused during investigation. Hence, they have prayed for dismissing the petition filed by the petitioner. 6. I have considered the submissions made by learned counsel for the parties and perused the record. 7. At the first place, it is relevant to refer the provision of Section 353 IPC which reads as under:- "353. Assault or criminal force to deter public servant from discharge of his duty.— Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both." 8. Bare perusal of the provisions of Section 353 would make it clear that use of criminal force or causing assault is indispensable ingredient for commission of offence under Section 353 of IPC. Assault has been defined under Section 351 IPC, whereas force in criminal force has been defined in Section 349 & 350 of IPC, which are reproduced as under:- "351. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation.—Mere words do not amount to an assault. But the words which a person uses may give to his gestures or [2025:RJ-JP:46787] (4 of 5) [CRLMP-7414/2019] preparation such a meaning as may make those gestures or preparations amount to an assault. Explanation.- Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. 349. Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described: First.—By his own bodily power. Secondly.—By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly.—By inducing any animal to move, to change its motion, or to cease to move. 350. Criminal force.—Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other." 9. Conjoint reading of the aforesaid provisions would make it clear that use of force without the consent of the person concerned, in order to cause injury or to cause fear, is required to make out a case of criminal force, whereas the assault has been defined as any act or gesture as well as intention to cause or infer use or preparation of criminal force. Explanation appended to Section 351 further makes it clear that mere words do not amount [2025:RJ-JP:46787] (5 of 5) [CRLMP-7414/2019] to an assault, but the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. 10. Bare reading of the FIR does not reflect any iota or whisper with regard to use of criminal force or assault by the petitioner. The allegation is merely of sending messages on whatsapp or making telephonic calls to the patwaris/girdawars. Hence, even if such messages have alleged to have been carried out by the patwaris/girdawars, by not stretch of imagination, it can make out any case for offence under Section 353 IPC. Under these circumstances, if the petitioner is allowed to be prosecuted pursuant to impugned FIR despite, there being no mandatory prerequisite for making out the alleged offence, it would amount to abuse of process of law and the petitioner cannot be asked to undergo a trial pursuant to vexatious and frivolous complaint. 11. Hence, this Court deems it just and proper to invoke its inherent jurisdiction and in order to secure the ends of justice, FIR No.273/2019 registered at Police Station Khandar, District Sawai Madhopur (Raj.) along with all subsequent proceedings is hereby quashed and set aside. 12. Accordingly, the criminal miscellaneous petition stands allowed. (ANAND SHARMA),J DIVYA /44