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SANJAY DWIVEDI
Rao Uday Pratap Singh – Appellant
Versus
Rampat Barode – Respondent
ORDER
1. This petition has been filed under section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023, seeking quashment of complaint dated 1.4.2014, in pursuance to which, order dated 22.11.2023 has been passed framing charges against the petitioners and also the consequential proceedings pending before the Special Court.
2. As per the facts of the case, the respondent had filed a complaint on 1.4.2014 alleging that an offence under section 188 of Indian Penal Code, 1860 [for short ‘I.P.C.’], has been committed by the present petitioners. The said private complaint is available on record as AnnexureP/1 and as per the allegations made in the complaint, the petitioners violated the prohibitory order dated 7.3.2014 issued by the complainant who was the-then Sub-Divisional Magistrate imposing restrictions by using power of section 144 of the Code of Criminal Procedure [for short ‘Cr.P.C.’]. The said prohibitory order dated 7.3.2014 is also available on record as Annexure-P/2. The order dated 7.3.2014 reveals that a prohibitory direction was issued towards general public conveying that several activities including political campaign shall remain prohibited till such order remains in for
The inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
Charges against the petitioner were quashed for lack of evidence supporting the alleged violations, emphasizing the need for valid grounds in prosecutions related to conduct during public events.
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