Lawstreet Journal

Madras HC Quashes FIR Against Anti-CAA Protestor, Says Police Cannot Register FIR for Offences Under Sections 172 To 188 IPC [READ ORDER]

Lawstreet Journal 6 Jul 2020 11:00pm

Image courtesy: Lawstreet Journal Judiciary Madras HC Quashes FIR Against Anti-CAA Protestor, Says Police Cannot Register FIR for Offences Under Sections 172 To 188 IPC [READ ORDER]

The Madras High Court has quashed a FIR registered against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior commission from the authority in concern.

Shamsul Huda Bakavi was charged under Sections 143 and 188 of The Indian Penal Code for protesting on a public road without permission. He further moved the High Court seeking to quash the FIR on the ground that according to Section 195(1)(a) of the Code of Criminal Procedure, no Court can take cognizance of an offense under Section 188 of IPC, unless the public servant has written order from the valid concerned authority.

Perusing the files, Justice G.K. Ilanthiraiyan noted that the First Information Report has been registered by the police for the offenses under Sections 143 and 188 of IPC. The court also added that in Jeevanandham and others Vs. State, it was held that a Police Officer cannot register a FIR for any of the offenses falling under Section 172 to 188 of IPC. The bench, while quashing the FIR, said:

a) A Police Officer cannot register a FIR for any of the offenses falling under Section 172 to 188 of IPC.

b) A Police Officer by virtue of the powers conferred under Section 41 of Cr.P.C will have the authority to take action under Section 41 of Cr.P.C., when a cognizable offense under Section 188 IPC is committed in his presence or where such action is required, to prevent such person from committing an offense under Section 188 of IPC.

c) The role of the Police Officer will be confined only to the preventive action as stipulated under Section 41 of Cr.P.C and immediately thereafter, he has to inform about the same to the public servant concerned/authorized, to enable such public servant to give a complaint in… Continue Reading...


Tagged: Madras High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.