T. Saravanan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.6023 of 2019 and Crl.M.P.(MD)No.3883 of 2019 1.T.Saravanan 2.K.Pitchai 3.K.Kamaraj 4.Thakkali Raja @ Arockia LouisRaja 5.Anand @ Karuppiah 6.R.Sikkanthar 7.Sathesesh @ M.Satheesh Kumar 8.Malai Kalan @ S.Malai Kannan 9.M.Neelakandan 10.S.Prabhu 11.N.Durai 12.Raja@ R.Rengarajan 13.Boomi @R.Boomi Nathan 14.Alagar 15.Saet @ Abdullah : Petitioners / Accused Nos.1 to 15 -VsState represented by The Inspector of Police, Othakadai Police Station, Madurai District.

: Respondent / Complainant (Crime No.90 of 2019) PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.90 of 2019 is pending before the respondent police for the offences under Section 143 and 188 IPC and quash the same.

For Petitioners : Mr.S.Vanchinathan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

O R D E R

The present petition is filed to quash the First Information Report in Crime No.90 of 2019 on the file of the respondent police for the offences under Section 143 and 188 IPC. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.

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3. Initially, the case was registered by the respondent police on the allegation that the petitioners and others were shouting slogans against the Government.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the case has been registered for offences under Sections 143 and 188 IPC.

5.1 Any complaint under Section 188 I.P.C., cannot be taken cognizance and it is not cognizable offence. This Court on perusing the papers satisfied that Section 143 IPC is inserted only to get over the initial lapse in not preferring the complaint for the alleged commission of offence under Section 188 IPC. 5.2 This Court vide its judgment in Jeevanandham and Others Vs. State rep. By Inspector of Police, Velayuthampalayam Police Station, Karur District and another [2018-2-L.W.(Crl.)606] has already held that the court can take cognizance under Section 188 IPC only on the basis of a complaint preferred before the Magistrate by the concerned public servant. This Court is in agreement with the reasoning of the said judgment.

6. In view of the same, the First Information Report in Crime No.90 of 2019 on the file of the respondent police, is hereby quashed.

7. In the result, this Criminal Original Petition is allowed. Consequently, connected Crl.M.P.(MD)No.3883 of 2019 is closed.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) CM To 1.The Inspector of Police, Othakadai Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.VANCHINATHAN, Advocate Sr. No.62799 Order made in CRL.O.P.(MD)No.6023 of 2019 and Crl.M.P.(MD)No.3883/2019 KMR(CO) TR (23.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/