FIR over obstructing government staff: Plea for ban rejected

The first bench comprising Chief Justice Indira Banerjee and Justice Abdul Quddhose while disposing a PIL moved by one Balaji, an advocate, said, “We are of the view that such blanket orders as prayed for, cannot be issued and certainly not in a public interest litigation. The individual accused persons have an alternative remedy of filing a criminal revisional application for quashing of the proceedings on the ground of breach of the mandatory provisions of law.”

The petitioner while referring to section 195(1) of the Criminal Procedure Code had contended that the said section restrains the court from taking cognizance of any offence punishable under sections 172 to 188 of the IPC unless a complaint in writing is made to it by the public servant concerned.

In other words, no FIR can be registered by police. It would not be open to the police to register a case against the offender for offence under sections 172 to 188 of the IPC and then to submit a report under section 173 of the Criminal Procedure Code, the petitioner said.

The above sections are punishable for the offences such as obstructing public servant in discharge of public functions, disobedience to order duly promulgated by public servant, absconding to avoid service of summons or other proceeding, false statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation, refusing to answer public servant authorised to question.

However, the bench on stating that an appropriate training programme is to be initiated by the Tamil Nadu State Judicial Academy for the Magistrates in relation to offences under sections 172 to 188 of the Indian Penal Code the bench in its order said, “So far as the police authorities are concerned, they are not even under the general superintendence of the High Court. Their actions may be subjected to judicial scrutiny by the High Court in exercise of its power of judicial review. Orders as prayed for by the petitioner, therefore, cannot be granted.”