Peaceful assembly and lawful demands do not constitute obstruction under IPC; FIR registration must comply with legal standards to prevent abuse of process.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. S. Lodh, learned counsel appearing for the petitioner. Also heard Mr. S.S. Dey, learned Advocate General assisted by Ms. A. Chakraborty, learned counsel and Mr. S. Debnath, learned Addl. Public Prosecutor appearing for the respondents.

2. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed for invoking the inherent powers of this Court to prevent the abuse of the due process of law, and for quashing/setting aside the impugned complaint dated 09.08.2021 which has resulted in registration of Khowai P.S. Case No. 2021/KHW 077 dated 10.08.2021 against the petitioner and others under Sections-186/34 of IPC, the impugned order dated 10.08.2021 passed by the learned Chief Judicial Magistrate, Khowai in Misc. 11 of 2021 whereby the learned Chief Judicial Magistrate, Khowai granted the permission of investigation of the case on the basis of impugned complaint dated 09.08.2021, impugned FIR of Khowai P.S. Case No. 2021 KHW 077 dated 10.08.2021 registered against the petitioner & others for committing offence punishable under Sections-186/34 of IPC, and the impugned police report vide charge-sheet No. 06 of 2022 filed under Sections-186/34 of IPC dated 28.01.2022, in connection with Khowai P.S. Case No. 2021KHW077.

3. The case of the prosecution, in brief, is that the respondent No. 2 lodged a suo moto complaint before the Office-in-charge of Khowai police station, thereafter as per order of the learned Magistrate they registered an FIR and investigated the case and after completion of investigation police submitted charge-sheet against the petitioner and others. By filing the instant petition under Section-482 of Cr.P.C., the petitioner challenged the FIR, order of the learned Magistrate, complaint and the charge-sheet.

4. Mr. S. Lodh, learned counsel appearing for the petitioner has submitted that the petitioner has been wrongly and unlawfully implicated in a complaint lodged by the respondent No. 2 which has resulted in registration of Khowai P.S. Case No. 2021KHW077 against the petitioner & 5 others, under Sections--186/34 of IPC and thereafter, on the basis of the prayer of the respondent No. 2, the learned Magistrate, Khowai vide impugned order dated 10.08.2021 granted permission for investigation of the complaint dated 09.08.2021, which has resulted in registration of Khowai P.S. Case No. 2021 KHW 077. He has submitted that after completion of the investigation, police submitted police report vide charge-sheet No. 06 of 2022 against the petitioner and 5 others. Therefore, the petitioner has the locus standi to present this application, under Section-482 of Code of Criminal Procedure, 1973 for invocation of the inherent powers of this Court and also for quashing/setting aside the FIR, order of the learned Magistrate, complaint and the charge-sheet.

5. Thus, the cause of action for presentation of this criminal petition has arisen within the territorial limits of this Court and therefore, there is no impediment in deciding the lis projected in this application. He has submitted that the respondent No. 2 lodged a suo moto complaint before the Officer-in-Charge of Khowai police station, due to political motivation alleging inter alia that Sri Debangshu Bhattacharjee & 13 others TMC leaders were arrested in connection with Teliamura P.S. Case No. 2021TLM 099 dated 07.08.2021 registered under Section-188 of the IPC and Section-3 of EPIDEMIC DISEASES ACT , 1897 from Dhalabil police line and were brought to khowai police st