Recording Public Servants Performing their Official Duty in Public Not Obstruction in Law: Guj HC

The Gujarat High Court has quashed a 2022 FIR against a man accused of obstructing traffic police personnel in Surat, ruling that recording public servants performing their official duties in a public space does not, by itself, constitute criminal force or obstruction in law.

A single-judge bench observed that citizen videography and transparent public observation cannot be equated with physical deterrence under Section 353 of the Indian Penal Code (IPC).

The case arose from an incident on August 18, 2022, following which Sarthana Police Station in Surat registered an FIR under various IPC provisions and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The complaint was lodged by an Assistant Sub-Inspector, who alleged that the petitioner had recorded traffic police and Traffic Brigade (TRB) personnel, used casteist slurs, demanded extortion money and instigated a physical altercation that resulted in damage to a uniform.

Video Evidence Contradicted Allegations

After examining the allegations, video footage and arguments presented by both sides, the High Court found that the essential ingredients of the alleged offences were not established.

The court observed that the footage contradicted key allegations of physical confrontation and damage attributed to the petitioner. It held that merely recording police personnel while they performed their duties in a public place could not be treated as criminal force or obstruction without evidence satisfying the legal requirements of the alleged offences.

Court Cites Abuse of Legal Process

The High Court concluded that continuing the criminal proceedings despite the absence of the necessary statutory ingredients would amount to an abuse of the judicial process.

Relying on established legal principles governing the quashing of criminal proceedings, the court set aside the FIR and all consequential proceedings arising from it.