SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(MAD) 11939

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top