JEEVANANDHAM Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) An important issue has arisen for consideration in these batch of cases. It is seen that a flurry of cases registered by the Police under Section 188 of Indian Penal Code [IPC], along with other offences becomes a subject matter of challenge before this Court on a daily basis. In spite of certain earlier decisions with regard to the manner in which an offence under Section 188 of IPC can be proceeded against certain persons who are alleged to have committed the said offence, and who has to file a complaint with regard to such an offence, has been spelt out in those decisions. Despite the same, the Police continue to register an FIR under Section 188 of IPC along with other offences. Therefore, this Court thought it fit to discuss the law on the point in detail and give certain guidelines to be followed in future by the Police while dealing with an offence under Section 188 of IPC.

(2.) The provision under Section 188 of IPC is extracted hereunder:

(3.) When a public servant who is lawfully empowered, promulgates by an order to abstain from a certain act, or to take certain order with certain property in his possession or under his management, who ever disobeys such an order, the public servant can enforce his mandate or he can make over the person who disobeyed the order, to a Criminal Court to be dealt with under the Section.