ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

"1. To quash the cognizance order dated 22/07/2023 passed in CC no.527/2023 by the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure-D, wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity.

2. To quash the charge sheet dated 30/06/2023 filed by the Respondent no.1 Moodabidri PS pending as CC no.527/2023 arising out of crime no. 64/2023 before the learned Civil Judge and JMFC Moodabidri for the offences under section 188 of IPC at Annexure -C wherein the petitioner is arrayed as Accused No.1 in the interest of justice and equity.

3. To quash the order dated 09/05/2023 at Annexure-D passed by the by the learned Civil Judge and JMFC Moodabidri on complaint made by the respondent no.2 under section 200 of CrPC for the alleged offense under section 188 of IPC against the petitioner, in the interest of justice and equity.

4. Pass any other order which this Hon'ble court deems fit by considering the facts of this court, in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. Learned counsel for the petitioner would invite my attention to the material on record in order to point out that the impugned proceedings against the petitioner for the offence punishable under Section 188 of the IPC is not maintainable in the absence of the procedure under Section 195(1)(a) (i) of the Cr.P.C. being followed and consequently, the impugned proceedings deserved to be quashed. In support of his submission, he places reliance upon the following judgments of the Co-ordinate Benches of this Court, which are as under:

(i) Crl.P.No.7868/2022 dated 01.09.2022 (ii) Crl.P.No.9153/2022 dated 23.01.2024

4. Per contra, learned HCGP for the respondents would submit that there is no merit in the petition and the same is liable to be dismissed.

5. A perusal of the material on record will indicate that pursuant to the complaint given by respondent No.2 dated 09.05.2023, the learned Magistrate referred the matter for investigation under Section 156(3) of the Cr.P.C. only for the offence punishable under Section 188 of the IPC, which is specifically barred under Section 195 (1)(a) (i) of the Cr.P.C. Despite the same, respondent No.1 filed the impugned FIR, which is contrary to the aforesaid Bar envisaged under Section 195 (1)(a) (i) of the Cr.P.C. as held by the Co-ordinate Bench of this Court in Crl.P.No.7868/2022 dated 01.09.2022, as under:

"3. The learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.5415/2022, disposed of on 25.07.2022 wherein, this Court held as follows:

“3. The learned counsel for the petitioners would submit that the issue in the case at hand stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.2896/2022, disposed of on 20.06.2022, wherein this Court has held as follows:

2. Learned counsel appearing for the petitioners submits that the issue in this petition stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.13328/2018, which submission is accepted by the learned HCGP appearing for the respondent.

3. In the light of there being no dispute with regard to the fact that the issue stands covered by the judgment rendered by the Co-ordinate Bench of this Court, I deem it appropriate to close the proceedings by following the judgment so rendered by the Co-ordinate Bench of this Court. The Co-

ordinate Bench has held as follows:

4. The case of the prosecution in brief is as follows:

The Commissioner of Police, Mangalore City promulgated the prohibitory order from 6.00 a.m. to 6.00 p.m. of 08.12.2014 and prohibited assembling of five or more persons in Mangalore city. The accused persons violating such prohibitory order organized procession cons