SABIFULLAH Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Original Petition is filed to quash the charge sheet in S.T.C.No.6823 of 2015, on the file of the learned Judicial Magistrate No.V, Tricby, on the file of the respondent police as against the petitioners herein, for the offences punishable under Sections 143 and 188 of IPC.

(2.) The case of the prosecution is that the de-facto complainant one Mathiazhagan, who is working as Sub-Inspector of Police, at the respondent Police Station, alleged that the petitioners belonged to Social Democratic Party of India (SDPI) disobeyed the police orders and assembled near at Ramakrishna Bridge, Trichy City on 31.07.2015. Further, the petitioners have attempted to conduct demonstration. Hence, a case has been registered against the petitioners.

(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, Trichy 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. 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 for the offence 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, Trichy. But, the Commissioner of Police, Trichy , did not lodge any complaint and as such the complaint as in the entire proceedings as against the petitioners are liable to be quashed.