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M. DHANDAPANI
A. Renuga – Appellant
Versus
State represented by the Inspector of Police, Town North Police Station, Dindigul – Respondent
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 Prope
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
Requirement for a written complaint by a public servant for offences under Section 188 of IPC.
Police cannot register FIR under Section 188 IPC without a written complaint from a public servant; assembly did not constitute an unlawful assembly.
Police cannot register FIR under Section 188 IPC without written order of public servant per Section 195 CrPC; protest without violence is protected right.
FIR quashed due to failure to file final report within one-year limitation under Section 468 Cr.P.C. for petty offences.
Criminal proceedings must be quashed if the final report is not filed within the period of limitation prescribed under Section 468 of the Code of Criminal Procedure for offences punishable with impri....
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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