PREETAM LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR registered at Crime No.689/14 for the offence punishable under Section 188 of IPC at police Station, Bahodapur, Distt. Gwalior.

(2.) As per prosecution case, on 15.8.2014 the SHO Bahodapur on receiving the information about the jam when reached at Central Jail, Gwalior, alongwith force, he saw that applicant was making glorification of himself from his 50-60 supporters by garlanding and sloganeering. Applicant and his supporters made sloganeering for about half an hour and created a law and order problem by obstructing the traffic by their vehicles. Thereafter, they in the form of rally proceeded towards Shinde Ki Chhawani. As per the order of D.M.Gwalior dated 18.7.2014 on the aforesaid date the provisions of Section 144 of Cr.P.C. were in force and without permission any kind of procession, rally etc. was absolutely prohibited. As such, the applicant and his supporters have committed breach of Section 144 of Cr.P.C. which is punishable under Section 188 of IPC.

(3.) Learned counsel for the petitioner submitted that FIR has been registered against the petitioner against the settled principles of law. It is further submitted that petitioner did not disobey any prohibitory order and the cognizance under Section 188 of IPC can be taken only on the basis of written complaint of a public servant concerned. As per the provisions of Section 195(1)(a)(i) of Cr.P.C. even Court cannot take cognizance of offence under Section 188 of IPC without a written complaint of the concerned public servant. On these grounds, learned counsel for the petitioner prays for quashment of the FIR.