Kerala HC Quashes Case Against Man For Throwing Files In Tahsildar's Office After Quarrel, Says Humane Touch Is Needed In Administrative Acts

The Kerala High Court recently quashed the criminal proceedings initiated against a man for allegedly using filthy language, hitting plastic chairs on the floor and throwing files in the Tahsildar's office in Kollam.Highlighting the need for empathy and humane touch in bureaucracy, Justice P.V. Kunhikrishnan observed:“A humane touch is necessary in every administrative act of bureaucrats. It is often said that every file has a face, and every decision has a consequence. Behind every decision, there is a person with hopes, fears and dreams. Every decision made in an office affects a life outside of it. Administrative decisions are not just papers; they are lives in progress. The success of democracy is not just about governance by elected representatives of the people alone, but it also relies on the way bureaucrats support such a government with a humane approach.”The petitioner and his father-in-law had gone to the Tahsildar's office to attend a scheduled hearing to mutate the father-in-law's name in the revenue records. However, it was informed that hearing cannot be conducted since the opposite party's representative was not present. Being frustrated by the fact that the file had been pending for 1 ½ years even though his father-in-law had been paying tax, the petitioner engaged in a wordy quarrel with the Tahsildar.A criminal case was registered against the petitioner under Sections 353 and 294(b) of the Indian Penal Code (IPC). The Magistrate court hearing the discharge petition, allowed in part and discharged him from the offence under Section 294(b). Thus, the present petition was preferred for quashing the offence under Section 353.The Court looked into the definitions of 'force' and 'criminal force' provided under Sections 349 and 350 IPC, and opined that force should contact with a person's body or anything that person is wearing or carrying, or such contact must affect a person's sense of feeling.It further noted that in order for an action to become 'criminal force', the force should be used to commit an offence or with an intent or knowledge that it would cause injury, fear or annoyance to the other person.Noting that the actions of the petitioner do not constitute the offence of 'assault' either, the Court felt it appropriate to set aside the criminal proceedings against him.Thus, the petition was allowed.Case No: Crl. Rev. Pet. No. 490 of 2025Case Title: Manilal v. State of KeralaCitation: 2025 LiveLaw (Ker) 511Counsel for the petitioner: Sooraj T. Elenjickal, Helen P.A., Athul Roy, Indrajith Dileep, Amala Anna Thottupuram, P. Parameswaran NairCounsel for the respondents: Seetha S., Senior Public ProsecutorClick to Read/Download Judgment

Kerala HC Quashes Case Against Man For Throwing Files In Tahsildar's Office After Quarrel, Says Humane Touch Is Needed In Administrative Acts

K. Salma Jennath

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