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A registered FIR has been quashed by the Madras High Court against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act, 2019 while not obtaining prior permission from the involved authority.
Section 143 and 188 of Indian Penal Code was charged on Shamsul Huda Bakavi for protesting on a public road without any prior permission. He moved to High Court seeking to oppress the FIR on the ground that according to Section 195(1) (a) of the Code of Criminal Procedure, no court will take cognizance of an offence below Section 188 of IPC unless public official servant has written order from the authority.
Looking at the files Justice G.K. Ilanthiraiyan noted that the FIR has been registered by the police officer under Section 143 and 188 of IPC. Also, in Jeevanandham and others v. State, it was held that a police officer cannot register an FIR for any offences falling under Section 172 to 188 of IPC. While quashing the FIR, the bench observed that:
"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 unlawful 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."
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