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Judgment
This petition is filed u/s 561A CrPC for quashing FIR no. 144/2008 registered in police station Bilawar against the petitioner and his son u/s 188
RFC.
One Suresh Kumar filed an FIR against the petitioner in police station Bilawar alleging therein that status quo order was passed by the Civil
Court which status quo order is directed to be implemented through police. Further allegation is that the status quo order has been violated thus the
petitioner has committed an offence u/s 188 RFC, the concerned police station accordingly registered the above referred FIR.
Heard learned counsel for the parties. Considered the matter.
The only ground taken in this case is that an FIR u/s 188 can be lodged only by the authority whose orders have been allegedly viola
ted/disobeyed. Learned counsel for the petitioner to support his contention has referred to and relied upon the judgement passed by this court in
petition no. 105/2008 (561 CrPC) dated 21st February 2009 in which on identical grounds the FIR called in question in that petition was quashed.
It was held that the order for injunction issued by a Civil Court may be executed by police concerned but cannot be said to be an order
promulgated by Station House Officer (SHO). Learned counsel has further referred to 1981 Criminal Law Journal Page 68. In this case, the
proceedings initiated by a person other than the authority whose order was allegedly disobeyed was held to be incompetent. Learned counsel
further referred to and relied upon 2008 Criminal Law Journal Page 3576. The Hon'ble Court has held that proceedings launched against the
petitioner by filing an FIR having allegedly committed an offence u/s 188 RFC is not competent. Learned counsel for the respondent no. 2 has
referred to judgement 2006 Criminal Law Journal Page 404 to canvass that an FIR cannot be quashed by having resort to section 561A CrPC to
scuttle the statutory investigation.
In the present case, in view of the fact situation it becomes writ large on the face of the record that a complaint u/s 188 RFC is to be filed by the
person who has issued a proclamation which has been disobeyed. The FIR having been filed by private persons and case having been registered,
such an FIR is not countenanced in Law. The High Court when it finds that the FIR suffers from legal infirmity and proceedings have to be
dropped even at subsequent stage has power and authority to quash the FIR. A case for exercise of power u/s 561A CrPC is made in the facts
and circumstances of the case.
This petition is allowed and FIR no. 144/2008 police Station Bilawar is quashed.