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K. MURALI SHANKAR
Jeeva Raja – Appellant
Versus
State rep. by The Special Sub-Inspector of Police, Thideer Nagar Police Station – Respondent
ORDER :
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records from the first respondent police in Crime No.36 of 2018, dated 23.01.2018 and quash the same as devoid of merits against the petitioner.
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to call for the records relating to the case in Crime No.36 of 2018 on the file of the respondent Police and quash the same as against the petitioner.
2. The case of the prosecution is that on 23.01.2018, at about 11.00 am in front of the North Gate of Madurai Periyar Bus Stand, under the leadership of the District Secretary of Communist Party of India (Marxist), 161 men and 16 women assembled unlawfully and raised slogans against the bus fare hike in Tamil Nadu; that by sitting in the road and not allowing the buses to proceed, caused disturbance to the public and hence, they were arrested and were taken to the Thideer Nagar Police Station and on that basis, FIR came to be registered in Crime No. 36 of 2018 for the offence under Sections 341, 143 and 188 IPC, against 178 persons, including the petitioner herein.
3. The petitioner is the 83r
The central legal point established is that democratic dissent cannot be stifled by registering FIRs for expressing dissatisfaction with governance, and the guidelines for an offence under Section 18....
Requirement for a written complaint by a public servant for offences under Section 188 of IPC.
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
Cognizance of offences under Section 188 IPC requires a written complaint from the concerned public servant, and not a police report; failure to adhere to this renders proceedings void.
Cognizance of offences under IPC Sections 188 and 341 requires a written complaint from a public servant, and police charge sheets cannot suffice, resulting in quashing of proceedings.
The central legal point established in the judgment is the requirement for evidence to prove the elements of alleged offenses under Sections 143, 341, and 283 IPC, as well as the adherence to the tim....
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