M. TAMILARASU Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C No. 61 of 2016 on the file of the learned Judicial Magistrate No. II Madurai, thereby having been taken cognizance for the offences under Sections 143,448,342,353,188 of IPC and Section 7(1)(a) of Criminal Law Amendment Act, as against the petitioners.

(2.) The case of the prosecution is that on 25.05.2018 at about 12.30 hrs the petitioners gathered infront of E-Service Centre, Collectorate, Madurai and conducted demonstration demanding proper functioning of the said Centre. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioners and others for the offences under Sections 143,448,342,353,188 of IPC and Section 7(1)(a) of Criminal Law Amendment Act in C.C No. 61 of 2016 on the file of the learned Judicial Magistrate No. II Madurai.

(3.) The learned counsel appearing for the petitioners submitted that the petitioners are social activist and has been raising voice for the public cause and public welfare, whenever injustice and inaction of the government machineries. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Section 188 of IPC, unless the public servant has written order from the authority. Further he submitted that the petitioner or any other members had never involved in any unlawful assembly and there is no evidence that the petitioner or others restrained anybody. However, the officials of the respondent police had beaten the petitioner and others. When there was lot of members involved in the protest, the respondent police had registered this case, under Sections 143,448,342,353,188 of IPC and Section 7(1)(a) of Criminal Law Amendment Act as against the petitioners. Therefore, he sought for quashing the proceeding.