SHIMLA: The High Court of Himachal Pradesh has quashed an FIR and criminal proceedings against scientist Dr. Tilak Raj Sharma in a case linked to an abusive email allegedly sent to a fellow scientist at CSK Himachal Pradesh Krishi Vishvavidyalaya.
Justice Sandeep Sharma, while allowing the petition, ruled that although the email contained “filthy” and objectionable language, it did not satisfy the legal ingredients required to invoke Sections 504, 506 and 507 of the IPC dealing with intentional insult, criminal intimidation and anonymous threats.
The case stemmed from a complaint filed by a senior scientist of the university, who alleged that he had received a derogatory and abusive email in February 2015 targeting him and his family members over remarks allegedly made about the ABVP.
During investigation, police traced the IP address to a BSNL mobile connection registered in the name of Dr. Sharma, following which a chargesheet was filed under IPC provisions after Section 66A of the Information Technology Act had already been struck down by the Supreme Court.
The court, however, observed that mere use of abusive language does not automatically amount to criminal intimidation or provocation to breach public peace. It noted that the prosecution failed to establish any intention to cause alarm or provoke violence.
Rejecting the prosecution’s stand that the email constituted a criminal threat, the court held that the contents appeared more like an expression of anger over the complainant’s alleged activities rather than an attempt to intimidate him.
The High Court further ruled that continuation of the trial would amount to an abuse of the process of law, especially when the prosecution case was unlikely to result in conviction. Consequently, the FIR, chargesheet and all related proceedings pending before the Palampur court were quashed and the petitioner discharged.
