MUHAMED BARUK Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to call for the records relating to Cr.No.252 of 2020 on the files of the respondent herein and quash the same.

(2.) The case of the prosecution is that on 16/5/2020, when the respondent police were on patrol duty to monitor the adherence of 144 Cr.P.C., order imposed by the Government in order to control and prevent the Corona Virus, the petitioners and other accused were illegally assembled near V.Kalathur Masjid Street and protested against the Central and State Government for their inability in controlling Corona Virus. Thereby, the respondent police had registered a suo moto case in Crime No. 252 of 2020 against the petitioners and other accused for the offences under Ss. 143, 341, 188, 269 and 270 of IPC. The said criminal proceedings is under challenge in this criminal original petition.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are innocent. According to Sec. 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Sec. 188 of IPC, unless the public servant has a written order from the authority. He would further submit that the petitioners and other accused had never involved in any unlawful assembly and there is no evidence that the petitioners and other accused restrained anybody. As there was lot of members involved in the incident, the first respondent had registered the case under Ss. 143, 341, 188, 269 and 270 of IPC., as against the petitioners and other accused. Therefore, he sought for quashing the proceedings.