HC says no to blanket order on FIRs under IPC
Special correspondent
May 27, 2018 00:00 IST
Plea relates to provisions for obstructing public servant from discharging duty
The Madras High Court has refused to pass a blanket order directing the Tamil Nadu government and the police not to register a First Information Report (FIR) or a chargesheet for offences such as obstructing public servants from discharging their duties.
The First Bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose recently disposed of a PIL filed by a lawyer called Balaji, seeking a direction to the police not to register an FIR or a chargesheet under Sections 172 to 188 of the Indian Penal Code.
In its order, the Bench said such blanket orders could not be issued and “certainly not in a public interest litigation”.
Any individual, however, had the alternative of filing a criminal revision application for quashing the proceedings on the ground of breach of the mandatory provisions of law, it added.
IPC Sections 172 to 188 deal with offences such as obstructing a public servant in discharging his public functions and disobedience to order duly promulgated by a public servant, among others.
The petitioner also sought a direction to the police not to register an FIR on the contention that the offences under the specific sections were non-cognisable.
Special correspondent
May 27, 2018 00:00 IST
Plea relates to provisions for obstructing public servant from discharging duty
The Madras High Court has refused to pass a blanket order directing the Tamil Nadu government and the police not to register a First Information Report (FIR) or a chargesheet for offences such as obstructing public servants from discharging their duties.
The First Bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose recently disposed of a PIL filed by a lawyer called Balaji, seeking a direction to the police not to register an FIR or a chargesheet under Sections 172 to 188 of the Indian Penal Code.
In its order, the Bench said such blanket orders could not be issued and “certainly not in a public interest litigation”.
Any individual, however, had the alternative of filing a criminal revision application for quashing the proceedings on the ground of breach of the mandatory provisions of law, it added.
IPC Sections 172 to 188 deal with offences such as obstructing a public servant in discharging his public functions and disobedience to order duly promulgated by a public servant, among others.
The petitioner also sought a direction to the police not to register an FIR on the contention that the offences under the specific sections were non-cognisable.
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