C.VARVEL Vs. STATE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in CC.No. 182 of 2019 on the file of the learned Judicial Magistrate No.II, Kulithurai thereby having been taken cognizance for the offences under Sections 188, 153(B) of IPC and Section 4(A)(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 as against the petitioner and others.

(2.) The case of the prosecution is that the accused persons tried to create a religious riot by pasting wall poster in the public places as " Do not force us to protest against RSS, BJP and VHP which are causing problems against the AG church, Valiyapalanchi. 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 188, 153(B) of IPC and Section 4(A)(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 in CC.No. 182 of 2019 on the file of the learned Judicial Magistrate No.II, Kulithurai. 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 188, 153(B) of IPC and Section 4(A) (1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 as against the petitioner and others. Therefore, he sought for quashing the proceeding.