Quashing of FIR -- Cognisance Without Court Complaint -- Prosecution under Section 186 IPC barred absent complaint filed by concerned court
(i) Criminal Procedure Code, 1973, S.195 -- Quashing of FIR -- Cognisance Without Court Complaint -- Cognisance of an offence under Section 186 IPC is barred in the absence of a complaint filed by the concerned court. Direct registration of a first information report under this provision without such complaint is unsustainable. (ii) Indian Penal Code, 1860, S.152 -- Obstruction to Public Servant -- Duty of Dispersing Unlawful Assembly -- Offence is attracted only where a public servant on duty dispersing an unlawful assembly or suppressing a riot or affray is threatened, obstructed or assaulted. Absence of any such allegation renders the provision inapplicable. (iii) Indian Penal Code, 1860, S.225 -- Obstruction to Lawful Apprehension -- Advocates Preventing Production of Accused -- Resistance or obstruction offered to lawful apprehension or detention of a person attracts this provision. Right to conduct democratic and peaceful protest does not extend to preventing police officers from producing an accused before court.
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