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This Criminal Original petition has been filed to quash the FIR in in Crime No. 41 of 2018, on the file of the first respondent police.

2. The case of the prosecution is that on 31.01.2018 at about 6.00 p.m while the second respondent was on duty at Panmazli Nagreeswaramudayar temple festival all the accused persons used number of sound amplifier and speakers for the orchestra and also used crackers and they disturbed the public. On the basis of the above said allegations, the respondent police registered the complaint against the petitioners for the offences under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986 in Crime No. 41 of 2018. The said F.I.R. is under challenge in this Criminal Original Petition.

3. According to the petitioners, the petitioners are innocent persons. According to Section 195(1)(a) of Cr.P.C., no Court can http://www.judis.nic.in take cognizance of an offence under Section 188 of IPC, unless the public servant has written order from the authority. Further the learned counsel for the petitioners submitted that the petitioners or any other members had never disturbed public, public tranquility and peace and there is no evidence that the petitioners caused damages to the public property. The petitioners unaware about the order of the Commissioner of Police regarding banning the demonstration. On precautionary measures, the respondent police had registered this case, under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986, as against the petitioners. Therefore, they sought for quashing the proceeding.

5. Perused the material documents available on record.

6. On perusal of the F.I.R, it is seen that the petitioners have attempted to nuisance before the Panmazli Nagreeswaramudayat Temple, without any permission in prohibited area, while prohibitory order was in force. Therefore the respondent police levelled the offences under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986 as against the petitioners. Except the official witnesses, no one has spoken about the occurrence and no one was examined to substantiate the charges against the petitioners. It is also seen from the charge itself that the charges are very simple in nature and trivial. Section 188 reads as follows:

7. The only question for consideration is that whether the registration of case under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986, registered by the respondent is permissible under law or not. In this regard it is relevant to extract Section 195(1)(a) of the Criminal Procedure Code, 1973 :-