MURGESH Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in STC.No.1137/2014 pending on the files of the Judicial Magistrate Court, Thiruthuraipoondi and quash the same as illegal and without jurisdiction.

(2.) The learned counsel for the petitioner would submit that a complaint has been given by the 2nd respondent that the petitioners along with 25 men were illegally assembled and protested in the public road without any prior permission with a demand to arrest the culprit. Hence, the 1st respondent registered a case in Crime No.285 of 2013 dated 09.07.2013 for the offence under Section 143, 341 and 188 of IPC and these petitioners are maliciously made as accused in the above crime number. Therefore, he sought for quashing the proceeding.

(3.) Per contra, the learned Additional Public Prosecutor submitted that the petitioners along with 25 others illegally assembled and protested in the public road without any prior permission with a demand to arrest the culprit. Further, he would submit that Section 188 of IPC is a cognizable offence and therefore it is the duty of the police to register a case. Though there is a bar under Section 195(a)(i) of Cr.P.C. to take cognizance for the offence under Section 188 of IPC, it does not mean that the police cannot register FIR and investigate the case. More over, the petitioner is an habitual offender by committing these kind of crimes.