Mohamed Asbak @ Mohamed Asfaq v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15343 of 2025 1.Mohamed Asbak @ Mohamed Asfaq 2.Nathar Siddick @ Natha Siddik 3.Mohammed Rahuman @ Mohamed 4.Beer Mohammed @ Beer Mohamed ... Petitioners Vs.

1.State of Tamil Nadu through The Inspector of Police, Thondi Police Station, Ramanathapuram District.

(Crime No. 267 of 2024)

2. P.Kathirvel

...Respondents

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the F.I.R in Crime No. 267 of 2024 on the file of the 1st Respondent Police Station and quash the same as it has no prima facie case as against the Petitioner.

For Petitioners : Mr.S.Atham Ali For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor for R1 1/4

ORDER

The petitioners have sought for quashing of the FIR in Crime No.267 of 2024 on the file of the first respondent, which was registered for the alleged offence under Section 223(a) of BNS, 2023.

2. The allegation in the FIR is that the petitioners along with others, in violation of the rules and directions issued by the public servants, had protested on a public road obstructing the traffic flow.

3. The learned counsel for the petitioners would submit that the impugned FIR is liable to be quashed since the issue is squarely covered by a number of judgments of this Court, which had held that an FIR cannot be registered for an offence under Section 188 IPC (corresponding to Section 223(a) of BNS, 2023) and that as per Section 195(1)(a)(i) of Cr.P.C (corresponding to Section 215(1)(a)(i) of BNSS, 2023), no Court shall take cognizance of an offence under Section 188 IPC (Section 223 (a) BNS, 2023) except on a complaint of the public servant concerned. 2/4

4. Heard the learned Additional Public Prosecutor appearing for the first respondent.

5. Section 195(1)(a) of Cr.P.C (Section 215(1)(a)(i) of BNSS) provides that no Court shall take cognizance of any offence punishable under Sections 172 to 188 IPC (Section 206 to 223 BNS) except on the complaint in writing of the public servant concerned or of some other public servant, who has been authorised to do so by him under clause (a) of sub-section (1), any authority to which he is administratively subordinate. Therefore, the learned Magistrate cannot take any cognizance on the basis of the final report filed by the respondents registered for the offence under Section 223(a) of BNS. Since the respondents lack jurisdiction to file the final report, no useful purpose would be served in keeping the impugned FIR pending investigation.

6. In view of the above, the impugned FIR in Crime No.267 of 2024 is liable to be quashed and accordingly quashed. This Criminal Original Petition stands allowed.

16.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS 3/4

SUNDER MOHAN, J.

LS To 1.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

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

Crl.O.P(MD).No.15343 of 2025 16.09.2025 4/4