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Showing contexts for: section 188 of indian penal code in Sivadoss vs The State Rep. By on 23 April, 2025Matching Fragments
Therefore, the respondent police registered a case against the petitioners and others under Sections 143, 341, 188, 280 of the IPC, 3 of Epidemic Diseases Act, 1897 and 51(b) of the Disaster Management Act, 2005 as a suo moto complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The learned counsel further submitted that the Hon-ble Supreme Court of India has held that the right to freely assemble and also right to freely express one's view are constitutionally protected rights under Part III and their enjoyment can only be in proportional manner through a fair and non-arbitrary procedure provided in Article 19 of Constitution of India. He further submitted that it is the duty of the Government to protect the rights of freedom of speech and assembly that is so essential to a democracy. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Section 188 of IPC, https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 02:45:09 pm ) unless a public servant has a written order from a competent authority.
“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 register an FIR for any of the offences 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 offence under Section 188 IPC is committed in his presence or where such action is required, to prevent such person from committing an offence under Section 188 of IPC.
f) The promulgation through which, the order is made known must be by something done openly and in public and private information will not be a promulgation. The order must be notified or published by beat of drum or in a Gazette or published in a newspaper with a wide circulation.
g) No Judicial Magistrate should take cognizance of a Final Report when it reflects an offence under Section 172 to 188 of IPC. An FIR or a Final Report will not become void ab initio https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 02:45:09 pm ) insofar as offences other than Section 172 to 188 of IPC and a Final Report can be taken cognizance by the Magistrate insofar as offences not covered under Section 195(1)(a)(i) of Cr.P.C.
11. In the case on hand, the First Information Report has been registered by the respondent police for the offences under Sections 143, 341, 188, 270 of IPC, 3 of Epidemic Diseases Act, 1897 and 51(b) of the Disaster Management Act, 2005. He is not a competent person to register FIR for the offences under Section 188 of IPC. As such, the First https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 02:45:09 pm ) Information Report or final report is liable to be quashed for the offences under Section 188 of IPC. Further, the complaint does not even state as to how the protest carried out by the petitioners and others is an unlawful protest and it does not satisfy the requirements of Section 143, 341, 188, 270 of IPC, 3 of Epidemic Diseases Act, 1897 and 51(b) of the Disaster Management Act, 2005. Therefore, the FIR cannot be sustained and is liable to be quashed.