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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, J
K.N. Senjeraja – Appellant
Versus
State Rep. by its Inspector of Police, Thirupathur Town Police Station, Thirupathur – Respondent
ORDER :
This Criminal Original Petition has been filed to quash the FIR in Crime No. 18 of 2024 on the file of the first respondent.
2. The case of the prosecution is that on 11.01.2024, the petitioner along with others from the Hindu Makkal Katchi gathered to condemn the actions of the Tamil Nadu Government without obtaining prior permission. Hence, the first respondent police registered a FIR in Crime No.169 of 2019 for the offences punishable under Section 188, 143 of IPC.
3. Mr.Senjeraja, party-in-person submitted that the he is an innocent person and he has been falsely implicated in this case. The learned counsel further submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and also right to freely express once view or constitutionally protected rights under Part III and their enjoyment can be only in proportional manner through a fair and non-arbitrary procedure provided in Article 19 of Constitution of India. He further submitted that it is the duty of the Government to protect the rights of freedom of speech and assemble that is so essential to a democracy. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an off
Police cannot register FIR under Section 188 IPC without a written complaint from a public servant; assembly did not constitute an unlawful assembly.
The court emphasized that police cannot register FIRs under IPC Section 188 without a written complaint from a public servant, affirming the primacy of constitutional rights to assembly and expressio....
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
The main legal point established in the judgment is that the power under Section 482 can be used to quash proceedings if the allegations in the FIR do not prima facie constitute any offence, as outli....
The main legal point established in the judgment is that the prosecution must establish the commission of an offence, and continuing the prosecution without sufficient evidence would be an abuse of p....
Proceedings can be quashed if the allegations do not constitute a cognizable offence; unlawful assembly must show criminal intent and conduct.
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