G. AHAMED BASHA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records pertaining to C.C. No. 160 of 2017 pending on the file of the learned Judicial Magistrate, Ambattur and to quash the same.

(2.) The case of the prosecution is that these petitioners were protested in the public road without prior permission against the non release of Kaveri river water to Tamilnadu and also protested against the violent attack committed on the Tamil people and burning of registered vehicles of Tamilnadu in Karnataka. Therefore, these petitioners were arrested by the respondent police and a case has been registered under Sections 143 and 188 of IPC.

(3.) The learned counsel for the petitioners would submit that the trial Court committed grave error in taking cognizance of the impugned charge sheet filed by the respondent police for offences under Sections 143 and 188 IPC, which is in violation of Section 195(1)(a)(i) of Cr.PC. Further, he would submit that in view of the bar to take cognizable created under Section 195(1)(a)(i) of CrPC for offence under Section 188 of IPC, the said congnizance and issuance of summons to these petitioners by the trial Court is without jurisdiction. Therefore, the entire proceedings as against these petitioners is liable to be quashed.