Case Note & Summary
The applicant, Datta Pandurang Raut, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 270 of 2017 registered at MIDC Police Station, Latur, for an offence punishable under Section 188 of the Indian Penal Code, 1860. The FIR was lodged on 11th August 2017 by respondent No. 2, Uttam Govindrao Chakre, a police officer. The allegation was that the applicant had pasted posters on the wall of his own house, which was contrary to an order issued by the police prohibiting such acts. The applicant contended that the order was not duly promulgated and that no sanction under Section 195 CrPC had been obtained. The court examined the FIR and found that the act of pasting posters on one's own wall did not cause or tend to cause obstruction, annoyance or injury to the public, which is a necessary ingredient of Section 188 IPC. Moreover, the order alleged to have been disobeyed was not shown to have been duly promulgated. The court also noted that no complaint in writing by the public servant concerned was filed, as required under Section 195 CrPC. Relying on the principles laid down in State of Haryana v. Bhajan Lal, the court held that the FIR did not disclose the commission of any offence and that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR under Section 188 IPC quashed as the order alleged to have been disobeyed was not duly promulgated and no complaint in writing by the public servant was filed as required under Section 195 CrPC - Held that continuation of proceedings would be an abuse of process of law (Paras 1-6). B) Indian Penal Code - Section 188 IPC - Disobedience to Order - Essential Ingredients - The act of pasting posters on one's own wall does not cause obstruction, annoyance or injury to the public - Held that the allegations do not make out a case under Section 188 IPC (Paras 3-5).
Issue of Consideration
Whether the FIR under Section 188 IPC can be quashed when the order allegedly disobeyed was not duly promulgated and no sanction under Section 195 CrPC was obtained.
Final Decision
Application allowed. FIR No. 270 of 2017 registered at MIDC Police Station, Latur for offence under Section 188 IPC is quashed and set aside.
Law Points
- Section 188 IPC requires disobedience of an order duly promulgated by a public servant
- causing or tending to cause obstruction
- annoyance or injury to the public
- Section 195 CrPC mandates that no court shall take cognizance of an offence under Section 188 IPC except on a complaint in writing by the public servant concerned
- Quashing of FIR is warranted when the allegations do not disclose the essential ingredients of the offence.
