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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Solairaja @ Raja – Appellant
Versus
State of Tamil Nadu, Rep. by through the Inspector of Police, Tirumangalam Town Police Station, Madurai – Respondent
ORDER :
The Criminal Original Petition has been filed invoking Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, seeking orders to quash the proceedings in S.T.C.No.314 of 2024, on the file of the Judicial Magistrate Court, Tirumangalam.
2. The case of the prosecution is that on 08.05.2016, the de-facto complainant, while conducting a patrol during election time along with his police officials, observed the first petitioner, Solairaja (the Deputy Chairman of the Tamil Nadu Olympic Association), and other petitioners, along with around 500 individuals (who can be identified upon seeing), conducting an election campaign on the Virudhunagar to Madurai Main Road without prior permission. When the de-facto complainant, along with other police personnel, attempted to intercept the procession, the petitioners continued their election campaign at the same location. Hence, the de-facto complainant has lodged a complaint. Based on the complaint, a case in Crime No.249 of 2016 was registered for the offences under Sections 143 and 188 of the I.P.C. and on completion of investigation, filed the final report, which was taken cognizance of in S.T.C.No.314 of 2024, by the learned Judicial Mag
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.
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 court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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