PANDIAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash proceedings of S.T.C. No. 290 of 2016 in Crime No.693 of 2015 for the offences under Sections 145 and 188 of I.P.C., on the file of the learned Judicial Magistrate No.II, Trichy as against the petitioners.

(2.) The case of the prosecution is that the the petitioners are belonging to a Youth Wing and the fifth petitioner is practicing as Advocate at Dharmapuri District Court, Dharmapuri and without any permission, the petitioners have attempted to stage demonstration in prohibited area, while prohibitory order was in force. On the basis of the above said allegations, the respondent police registered the complaint and filed a charge sheet against these petitioners for the offences under Sections 143 and 188 of IPC in Crime No. 693 of 2015 the same was taken cognizance by the learned Judicial Magistrate No.II, Trichy. The said criminal proceedings is under challenge in this Criminal Original Petition.

(3.) According to the petitioner, the petitioners are innocents. 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 petitioners or any other members had never disturbed public, public tranquility and peace and there is no evidence that the petitioners caused damages to the public property. The petitioners unaware about the order of the Commissioner of Police regarding banning the demonstration. On precautionary measures, the respondent police had registered this case, under Section 143 and 188 of IPC as against the petitioners. Therefore, they sought for quashing the proceeding.