JAI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court for quashing of FIR No. 107 dated 9.9.2007 under section 188 of the Indian Penal Code, Police Station Lehra under section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") and by claiming a writ of Certiorari under Article 226 of the Constitution of India.

(2.) THE petitioner alleges himself to be a social worker and General Secretary of "Volunteers for Social Justice", which is a Non Governmental Organization. The petitioner alleges himself to be Chairperson of the Dalit Dasta Virodhi Andolan, a programme run by the organization. The petitioner alleges that 88 Padyatri were arrested by the police belonging to down trodden class of the society and by violating the fundamental rights of such persons. It is pleaded that a "Awareness Pad Yatra" was started in the entire State of Punjab. The intimation of the said Pad Yatra was given to the Deputy Commissioners, Senior Superintendents of Police and all concerned Station House Officers and Sub Divisional Magistrates. The compaign was started on 14.08.2007 from District Fatehgarh Sahib. On 2.9.2007, Padyatries entered the jurisdiction of District Sangrur but on 8.9.2007 when Padyatries reached near village Jalour, Tehsil Moonak, District Sangrur, more than 100 unlawful persons armed with lathis and weapons did not allow the Padyatries to enter village Jalour. The police personnel accompanying Padyatries did not take any action against such persons but moved the Padyatries to a distance of 10 Kms from village Jalour and detained them in Police Chowki Kauria. The next day the petitioners were informed that they have been booked for the offences under sections 107/151 of the Code and 188 of the Indian Penal Code. All the Padyatries were taken to Police Station Lehra on 9.9.2007 and arrested for the offences under sections 107/151 of the Code and 188 of the Indian Penal Code. DDR No. 21 dated 9.9.2007 for the offences under sections 107/151 of the Code and FIR No. 107 dated 9.9.2007 under section 188 of the Indian Penal Code was registered against 88 persons including the petitioner on the basis of statement of Surjit Singh, Sub Inspector. The petitioner and the Padyatries were later on informed by the Station House Officer that a proclamation under section 144 of the Code has been issued by the District Magistrate, Sangrur, and said proclamation has been violated by them. It is alleged by the petitioner that the proclamation under section 144 of the Code was not shown to the petitioner and that proceedings initiated by the Station House Officer, Police Station Lehra, are in violation of Article 19 and 21 of the Constitution of India. The petitioner further alleges that they have travelled more than 200 Kms in District Sangrur with police protection but none has informed about proclamation under section 144 of the Code. The notification dated 3.8.2007 in respect of proclamation under section 144 of the Code was presented along with police reports before the Court of Shri Gurnam Singh, Sub Divisional Judicial Magistrate, Moonak. It is pleaded that the petitioner has been discharged under sections 107/151 of the Code on 17.09.2007.

(3.) THE grievance of the petitioner in the present writ petition is that First Information Report for the offence under section 188 of the Indian Penal Code can not be lodged with the police without the permission of the public servant concerned in view of bar created under section 195 of the Code. The said provision contemplate that no Court shall take cognizance of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. It is, thus, contended that the learned Trial Magistrate is not competent to take cognizance of an offence under section 188 of the Indian Penal Code without a written complaint of a public servant directly submitted to Court.