SULTHAN ALAUDEEN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Original Petition is filed to quash the criminal proceedings in C.C.No.2 of 2014, on the file of the learned Judicial Magistrate No.VI, Madurai, for the offences under Sections 341 and 188 of IPC, on the file of the first respondent Police.

(2.) The case of the prosecution is that on 26.09.2013 at about 1.30 p.m, the petitioners/A-1 and A-2 without any prior permission from the concerned authority, knowing very well that there was a promulgation order, involved in a road roko and caused hindrance to the public and transport and also during the visit of Mr.Narendra Modi and committed the offence. Hence the charge.

(3.) The learned counsel for the petitioners would submit that the petitioners said to have unlawfully assembled and agitated against the order of the Commissioner of Police, Madurai, and therefore by virtue of Section 195(1) of the Criminal Procedure Code, no Court can take cognizance of the offence punishable under Sections 172 to 178 of IPC, except on the complaint given by the public servant concerned. In the case on hand, the second respondent, who is a Sub-Inspector of Police, at the time of alleged occurrence had lodged a written complaint. Therefore, he has no locus or competence to lodge a complaint under Section 188 of IPC. Further, he would submit that the case of the prosecution is that the petitioners unlawfully assembled and agitated against the order promulgated by the Commissioner of Police, Madurai. But, the Commissioner of Police, Madurai, did not lodged any complaint and as such the complaint as in the entire proceedings as against the petitioners are liable to be quashed.