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BUDI HABUNG
Kali Lombi S/O Shri Lomka Lombi – Appellant
Versus
State of AP through the PP – Respondent
JUDGMENT :
Heard Mr. R. Sonar, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor of the State of AP.
2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR dated 07.04.2020, registered as Likabali Police Case no. 11/2020 under section 188/505(1)/186/500/34 IPC read with Section 54 of the Disaster Management Act, 2005 and the subsequent filing of the chargesheet No. 45/2021 dated 12/01/2022 corresponding to the GR case no. 331/2020 pending before the Court of Chief Judicial Magistrate, East Siang, Pasighat.
3. The brief fact of the case is that on 07.04.2020, an FIR was lodged before the Officer-in-Charge, Likabali Police Station by the opposite party No. 2, Shri. Tumke Angu, who himself was the Officer-in-Charge of the Likabali Police Station against some unknown persons, interalia, alleging that false news was being circulated in the social media like Facebook and Whatsapp stating that ‘Likabali Police are illegally allowing Non-APST (Muslims) to enter into Arunachal Pradesh without ILP via Likabali police Check Gate, Lower Siang District, Likabali, amid the lockdown period owing to the
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
Cognizance of an offence under Section 188 IPC requires a written complaint by a public servant; FIRs based solely on police reports are prohibited and rendered void.
The court emphasized the need for a simpler procedure in dealing with petty offences and criticized the delay in disposing of cases related to violation of orders under the Disaster Management Act, 2....
The main legal point established in the judgment is that for offences punishable under Section 188 of the IPC, the Court can only take cognizance on a written complaint of the Public Servant concerne....
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
The court established that the police cannot investigate a non-cognizable case or register an FIR based on the same facts without a Magistrate's permission, as mandated by Section 155(2) of the Cr.P.....
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