GANESAN Vs. STATE

JUDGEMENT

(1.) These Criminal Original Petitions are filed to quash the criminal proceedings in C.C.No.120 of 2015, pending on the file of the Judicial Magistrate No.III, Dindigul, for the offences under Sections 143 and 188 of IPC, on the file of the first respondent police.

(2.) The case of the prosecution is that on 12.09.2014, at about 10.30 a.m, the petitioners along with another belong to the Chinnalapatti Chamber of Commerce, without obtaining prior permission from the authorities, involved in a road roko and protest against the Executive Officer of Chinnalapatti Town Panchayat and thereby giving trouble and hindrance to the general public. 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 Executive Officer of the Chinnalapatti Town Panchayat 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 188 of IPC, except on the complaint given by the public servant concerned.