G.K. ILANTHIRAIYAN, J.

1. The Criminal Original Petition is filed to quash the charge sheet in S.T.C.No.494 of 2018, pending before the learned Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, on the file of the respondent police as against the petitioners herein, for the offences punishable under Sections 341, 143 and 188 of IPC.

2. The case of the prosecution is that on 07.12.2017 at around 13.00 hours, the petitioner along with other accused gathered unlawfully and raised slogans against the State and Central Government and also made a protest claiming relief and thereby, caused hindrance to the traffic. Hence, a case has been registered against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner and other accused said to have unlawfully assembled and agitated against the order of the Commissioner of Police, Madurai, and therefore by virtue of Section 195(1) of the Criminal Procedure Code, no Court can take cognizance of the offence punishable under Sections 172 to 178 of IPC, except on the complaint given by the public servant concerned. In the case on hand, the second respondent, who is a Inspector of Police, at the time