MARIAPPAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the Crime No.283 of 2017 on the file of the first respondent.

(2.) The case of the prosecution is that there is a temple situated at Allikulam Village, Thoothukudi District and there was a tussle between two community with regard to the worshiping and collection of tax. In this regard, a peace committee meeting was conducted by the Tashildar and amicable settlement was also arrived. However, the petitioners herein performed pooja in the said temple against the settlement of the peace committee meeting and also prevented the Government Officials from discharging their official duty. Hence, the respondent police registered a case in Crime No.283 of 2017 for the offences under Sections 188 , 353 IPC.

(3.) The learned counsel appearing for the petitioners submitted that 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 involved in any unlawful assembly and there is no evidence that the petitioners or others restrained anybody. However, the officials of the respondent police had beaten the petitioners and others. When there was lot of members involved in the protest, the respondent police had registered this case, under Sections 188 , 353 IPC as against the petitioners and others. Therefore, he sought for quashing the proceeding.