IMPORTANT POINT
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 188 of IPC must be strictly adhered to.

JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records for the records in connection with the impugned complaint in Crime No.978 of 2016, dated 02.09.2016 pending on the file of the firs respondent Police and quash the same insofar as the petitioner is concerned.)

1. This petition has been filed seeking to quash FIR in Crime No.978 of 2016, dated 02.09.2016 pending on the file of the first respondent Police, insofar as the petitioner is concerned.

2. The case of the prosecution is that the petitioner, who is Accused No.13 in Crime No.978 of 2016, is the active member of the Students Federation of India at the relevant point of time. It is alleged that on 02.09.2016 at about 11.30 P.M. under the leadership of Dindigul EX-MLA Balabharathy the petitioner along with other accused persons were indulged in agitation before the Head Post Office, Dindigul against the State Government and Central Government. Based on the complaint preferred by the second respondent, the first respondent has registered a case in Crime No.978 of 2016 for the alleged offence punishable under Sections 143 and 188 IPC r/w Section 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992.

3. The issue involved in this case is no longer res integra and the same has been decided by this Court in the case of Jeevanandham and others Vs. State rep. by the Inspector of Police, Karur District, reported in 2018-2-L.W. (Crl.) 606 in Crl.O.P. (MD)No. 1356 of 2018, dated 20.09.2018, wherein, this Court has held thus:

"25. In view of the discussions, the following guidelines are issued insofar as an offence under Section 188 of IPC, is concerned:

(a) A Police Officer cannot register an FIR for any of the offences falling under Section 172 to 188 of IPC.

(b) A Police Officer by virtue of the powers conferred under Section 41 of Cr.P.C will have the authority to take action under Section 41 of Cr.P.C., when a cognizable offence under Section 188 IPC is committed in his presence or where such action is required, to prevent such person from committing an offence under Section 188 of IPC.

(c) The role of the Police Officer will be confined only to the preventive action as stipulated under Section 41 of Cr.P.C and immediately thereafter, he has to inform about the same to the public servant concerned/authorised, to enable such public servant to give a complaint in writing before the jurisdictional Magistrate, who shall take cognizance of such complaint on being prima facie satisfied with the requirements of Section 188 of IPC.

(d) In order to attract the provisions of Section 188 of IPC, the written complaint of the public servant concerned should reflect the following ingredients namely;

(i) that there must be an order promulgated by the public servant;

(ii) that such public servant is lawfully empowered to promulgate it;

(iii) that the person with knowledge of such order and being directed by such order to abstain from doing certain act or to take certain order with certain property in his possession and under his management, has disobeyed; and

(iv) that such disobedience causes or tends to cause;

(a) obstruction, annoyance or risk of it to any person lawfully employed; or

(b) danger to human life, health or safety; or

(c) a riot or affray.

(d) The promulgation issued under Section 30(2) of the Police Act, 1861, must satisfy the test of reasonableness and can only be in the nature of a regulatory power and not a blanket power to trifle any democratic dissent of the citizens by the Police.

(e) The promulgation through which, the order is made known must be by something done openly and in public and private information will not be a promulgation. The order must be notified or published by beat of drum or in a Gazette or published in a newspaper with a wide circulation.

(f) No Judicial Magistrate should take cognizance of a Final Report when it reflects an offence under Section 172 to 188 of IPC. An FIR or a Final Report w