IMPORTANT POINT
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.

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 global pandemic Covid-19; and in that regard an old video footage being projected as the new video has been uploaded in the social media by one Y.M News Channel and also by some unknown miscreant in social media. It was further stated that "they are misleading the public of the area and thereby, creating panic amongst the public and it has demoralized the police force.

4. Basing on the above FIR dated 07.04.2020, the Likabali Police Case No. 11/2020, under section 188/505 (1)/186/500/34 IPC, R/w Section 54 of The Disaster Management Act, 2005, was registered by the Likabali Police Station, Lower Siang District, Arunachal Pradesh and investigated into. Subsequently, during the pendency of the present criminal petition, the IO of the case, after completion of the investigation has submitted the case into chargesheet No. 45/2021 on 12.01.2022 before the Chief Judicial Magistrate, East Siang, Pasighat against the accused persons under section 188/505 (1)/186/500/34 IPC, R/w Section 54 of The Disaster Management Act, 2005. It is submitted that the above FIR was lodged and investigated into and the accused was summoned to appear before the police when the entire State of Arunachal Pradesh was under complete lockdown due to the Covid-19 pandemic.

5. Apprehending his arrest the accused/petitioner moved Anticipatory Bail Application No. 87/2020 before this Hon'ble Court seeking pre-arrest bail, which was allowed by an order dated 18.09.2020. It is submitted that the petitioner is innocent as he has not committed any of the alleged offences, and the police has wrongly and illegally registered the above false and frivolous police case against the petitioner without lawful authority and in contrary to the scheme of the Criminal Procedure Code, 1973. Therefore, the present criminal petition has been filed inter-alia on the following grounds:

(i) That, even if the entire allegations made in the FIR are taken on its face value, no case of cognizable offence under Section 188 IPC and/ or even non-cognizable offences under Section 186/500/505(I)/34 IPC and Section 54 of the Disaster Management Act, 2005 are made out against the petitioner.

(ii) That the offences, except the offence under section 188 IPC, registered in the present police case under section 186/500/505(I)/34 IPC read with Section 54 of the Disaster Management Act, 2005 are non-cognizable offence which is defined under Section 2 (1) of the Criminal Procedure Code. Moreover, in view of Section 155(2) of the Criminal Procedure Code, 1973, no police officer has the authority to register or investigate a non-cognizable case without the order of a magistrate having power to try such case or commit the case for trial. In the present case, admittedly, the police without obtaining the prior necessary mandatory ord