R. JEYARAMAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the the First Information Report in Crime No. 243 of 2016 on the file of the first respondent police.

(2.) The case of the prosecution is that the second respondent had given a complaint before the first respondent stating that the petitioner belonging to the candidate of Member of Legislative Assembly Election, 2016 belongs to Congress party and his men were demonstrating front of the CSI Church at Thirumangalam, violating the election rules without any permission. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioner and others for the offence under Section 188 of IPC in Crime No. 243 of 2016.

(3.) According to the petitioner, he is innocent and 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. The petitioner has not violated the norms of the election rules. The respondent police has no jurisdiction to register a case and the election officer is a competent authority to initiate the prosecution. When there was lot of members involved in the protest, the respondent police had registered this case, under Section 188 of I.P.C. as against the petitioner. Therefore, he sought for quashing the proceeding.