TMI Blog2009 (5) TMI 996X X X X Extracts X X X X X X X X Extracts X X X X ..... . HELD THAT:- The statement made by the first respondent that accused Nos. 1 to 5 were managing the affairs of the Company and had instigated accused No. 6 to construct the road must be viewed. It is one thing to say that the Company had asked the accused No. 6 to make construction but only because the accused Nos. 1 to 5 were its Directors, the same, in our opinion, would not be sufficient to fasten any criminal liability on them for commission of an offence u/s 341 of the IPC or otherwise. Appellants herein were not at the site. They did not carry out any work. No overt act or physical obstruction on their part has been attributed. Only because legal proceedings were pending between the Company and the Bombay Municipal Corporation and/or with the first respondent herein, the same would not by itself mean that appellants were in any way concerned with commission of a criminal offence of causing obstructions to the first respondent and his parents. We have noticed hereinbefore that despite of said road being under construction, the first respondent went to the Police Station thrice. He, therefore, was not obstructed from going to Police Station. In fact, a firm action had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arda since deceased. The Company is said to be the owner of the property. Gharda House being an old building was required to be demolished and reconstructed. Several proceedings, however, were initiated in respect of the said building by the Bombay Municipal Corporation. 3. Father of the first respondent filed a suit in the year 1978 in his capacity as a tenant against the predecessor-in-interest of the Company. An application for amendment of the plaint was filed in the said suit on 17.4.1998. It is stated that the said application for amendment was dismissed. An appeal allegedly was preferred thereagainst. An interim relief prayed for by the first respondent in the said appeal is also said to have been rejected. In regard to the proposed action on the part of the Company to demolish and reconstruct the said building, the first respondent had initiated various proceedings. Bombay Municipal Corporation also issued a stop-work notice dated 25.7.1998, which was said to have been withdrawn on 21.5.1999. When repair work on the road upon removing the debris lying on a portion of the land was started, a first information report was lodged by the first respondent before Bandra Police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irs of Gardha Chemicals had instigated accused No. 6 to construct the road. Hence my complaint against accused No. 1 to 11. I am producing the copy of the FIR lodged the Bandra P. Stn. 4. Relying on or on the basis of the allegations made in the Complaint Petition as also the said Verification Statement, cognizance of an offence under Section 341 read with Section 34 of the Indian Penal Code (for short, the IPC ) was taken. Appellants were summoned as accused by an order dated 06.08.1999. 5. Before the learned Additional Chief Metropolitan an application under Section 210 of the Code of Criminal Procedure, 1973 (for short, the Code ) was preferred by the first respondent since both the cases arose out of the same incident/cause of action, which by an order dated 6.5.2004 was allowed. 6. Appellants filed an application under Section 482 of the Code which by reason of the impugned judgment and order dated 16.6.2005 has been dismissed, opining that the same was grossly delayed and the allegations made in the Complaint Petition in regard to accused Nos. 1 to 5 and 12, if proved would amount to commission of a criminal offence. Appellants, however, was granted liberty to rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as every right to proceed in that direction. 12. Section 341 of the IPC provides that whoever wrongfully restrains any person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. The word `voluntary' is significant. It connotes that obstruction should be direct. The obstructions must be a restriction on the normal movement of a person. It should be a physical one. They should have common intention to cause obstruction. 13. Appellants herein were not at the site. They did not carry out any work. No overt act or physical obstruction on their part has been attributed. Only because legal proceedings were pending between the Company and the Bombay Municipal Corporation and/or with the first respondent herein, the same would not by itself mean that appellants were in any way concerned with commission of a criminal offence of causing obstructions to the first respondent and his parents. We have noticed hereinbefore that despite of said road being under construction, the first respondent went to the Police Station thrice. He, therefore, was not obstructed from going to Police Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scharge, the same would not mean that although the allegations made in the Complaint Petition even if given face value and taken to be correct in its entirety, do not disclose an offence or it is found to be otherwise an abuse of the process of the Court, still the High Court would refuse to exercise its discretionary jurisdiction under Section 482 of the Code of Criminal Procedure. Indisputably, there might have been some delay on the part of the appellants in approaching the High Court but while adjusting equity the High Court was required to take into consideration the fact that in a case of this nature the appellants would face harassment although the allegations contained in the Complaint Petition even assuming to be correct were trivial in nature. The High Court furthermore has failed to take into consideration the fact that in the first information report no allegation in regard to acts of common intention or common object on the part of the appellants was made out. Appellants were not named as accused therein. 17. It is, therefore, really difficult to appreciate as to on what basis the Complaint Petition was filed. 18. For the reasons aforementioned, the impugned judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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