The Madras High Court has quashed an FIR registered against a person accused of CAA protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior permission from the concerned authority.
Perusing the files, Justice G.K. Ilanthiraiyan noted that the First Information Report has been registered by the police for the offences under Sections 143 and 188 IPC. The court also added that in Jeevanandham and others Vs. State, it was held that a Police Officer cannot register an FIR for any of the offences falling under Section 172 to 188 of IPC. The bench, while quashing the FIR, said:
“He is not a competent person to register FIR for the offences under Section 188 of IPC. As such, the First 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 formed by the petitioner and others is an unlawful protest and does not satisfy the requirements of Section 143 of IPC. Therefore, the final report cannot be sustained and it is liable to be quashed.”
Shamsul Huda Bakavi was charged under Sections 143 and 188 of Indian Penal Code for CAA protesting on a public road without permission.
He moved the High Court seeking to quash the FIR on the ground that according to Section 195(1)(a) of the Code of Criminal Procedure, no Court can take cognizance of an offence under Section 188 of IPC, unless the public servant has written order from the authority.