C.RAJ Vs. STATE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in C. C. No. 76 of 2018 pending before the learned Judicial Magistrate No. 1, Nagercoil, Kanyakumari, thereby having been taken cognizance for the offences under Sections 341 , 143 and 188 of I. P. C. as against the petitioner and others.

(2.) The case of the prosecution is that on 19. 05. 2018, the petitioner along with other accused have unlawfully gathered by violating the order of the District Collector and caused road block from 10. 30 a. m to 11. 30 a. m. Based on the complaint given by the second respondent, the first respondent police registered the complaint and filed a charge sheet against the petitioner and others for the offences under Sections 341 , 143 and 188 of I. P. C in C. C. No. 76 of 2018 on the file of the learned Judicial Magistrate No. I, Nagercoil, Kanyakumari. The said criminal proceedings is under challenge in this criminal original petition.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person. 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 , 341 and 188 of IPC as against the petitioner and others. Therefore, he sought for quashing the proceeding.