HIGH COURT OF MADRAS
Hon`ble Mr.Justice M.DHANDAPANI
Arul – Appellant
Versus
The Inspector of Police – Respondent
ORDER
This Criminal Original Petition has been filed to quash FIR in Crime No.46 of 2018 pending on the file of the first respondent Police.
2.The case of the prosecution is that the petitioner and other accused, without getting any prior permission, unlawfully assembled at Chinnappa Pooga, Pudukkottai District and tried to conduct protest against Government for the murder of one Abarna. Hence, the second respondent, who is the Sub Inspector of Police attached to the first respondent Police Station, filed a complaint, based on which FIR in Cr.No.46 of 2018 came to be registered for the offences punishable under Sections 143 and 188 IPC. Challenging the same, the present petition has been filed by the petitioner.
3.The issue involved in this case is no longer res integra and the same has been decided by this Court in the case of Jeevanandham and others Vs. State rep. by the Inspector of Police, Karur District, reported in 2018-2-L.W. (Crl.) 606 in Crl.O.P. (MD)No. 1356 of 2018, dated
20.09.2018, wherein, this Court has held thus:
"25.In view of the discussions, the following guidelines are issued insofar as an offence under Section 188 of IPC, is concerned:
a) A Police Officer cannot reg
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