THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7126 of 2011 ORDER: Petitioner approaches this Court by way of invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in Crime No.81 of 2011 of Kotagir Police Station, Nizamabad District, wherein he is arrayed as accused for the offence punishable under Section 353 IPC. Learned counsel for the petitioner submitted the following facts for the consideration of the Court: i. the petitioner-accused approached the higher authorities by way of sending a letter dt.14.02.2011. ii. the present complaint is lodged on 25.07.2011 in order to defeat the grievance of the petitioner; iii. the reading of the entire complaint does not disclose any offence under Section 353 IPC; and iv. as a citizen the petitioner has every right to ask for the certificate before the officials concerned. This Court perused the record and also heard the submissions of the learned counsel for the petitioner. For better appreciation, the complaint lodged by the complainant is hereby reproduced: “To The Sub-Inspector of Police, Kotagir. Sir, I, K. Renuka, W/o.late Shenkar, age 42 years, Caste: Munnuru Kapu, R/o.Jupur(V) submit that I am working as VRO of Razapur (V) of Kotagir since last four years, today, i.e., on 25.07.2011 at about 2.30 p.m. while I was performing my duties, one Imtiaz Hussain Zahid of Kotagir village came there and asked me to receive the land tax in his name I answered him that, after enquiring with Tahsildar I will receive the tax, on that he shouted loudly and stated me that, he will beat with chappals and obstructed my duty. The V.R.Os present there K.Hanmantha Rao and V.R.O. S.K.Shadulla Syed meer, Mogili Sayulu resqued me from him. Therefore, kindly take action against the above person. Sd-/ K.Renuka” In the said complaint, according to the counsel for the petitioner no offence is made out under Section 353 IPC and the learned counsel submitted that the words uttered against a person will not attract an offence under Section 353 IPC. Section 353 IPC runs as follows: “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.” In the said section the words ‘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’, clearly indicate that an attempt made and also the disturbance caused by the petitioner amounts to an offence under Section 353 IPC. As far as the motivation or malafide intention of the complainant is concerned, it is a matter to be investigated by the Investigating Officer. Hence, this Court is not inclined to interfere with the investigation at the stage. Accordingly, the Criminal Petition is dismissed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _________________ RAJA ELANGO, J. 17th August 2011, Rns.