CHENNAI: Observing that the police cannot file a case under Section 188 of IPC without a written complaint by a people’s representative, the Madras High Court quashed an FIR booked against NTK chief coordinator Seeman and others.
Justice GK Ilanthiraiyan passed the orders on disposing of criminal original petitions filed by Seeman and others, who prayed for quashing the case booked by the police for protesting the new National Education Policy, 2020.
The case was booked by Maduravoyal inspector under IPC Sections 117, 143, and 188 – freedom of speech/unlawful assembly – for staging a protest on August 16, 2020.
“From Section 195 (1) (a) of the Criminal Procedure Code, it is clear that for taking cognizance of the offences under Section 188 of IPC, the public servant should lodge a complaint in writing. Other than that, no court has the power to take cognizance. Police are not competent persons to register FIR for the offences under the section,” said the judge, adding that the FIR was liable to be quashed.
The judge also pointed out that the complaint did not state how the protest staged by the petitioners and others was unlawful and added that it did not satisfy the requirements of Section 143 of IPC. Therefore, the final report was liable to be quashed, said Justice Ilanthiraiyan.
Visit news.dtnext.in to explore our interactive epaper!
Download the DT Next app for more exciting features!
Click here for iOS
Click here for Android