Court stays proceedings for not getting tenant verification done

Chandigarh, October 29

The Punjab and Haryana High Court today stayed further proceedings against a house owner for not getting tenant verification done after his counsel contended that an FIR could not be registered by the police under Section 188 of the IPC. The order is expected to pave the way for Diwali revelers to seek relief from courts after being booked by the police for violating the cracker ban.

Section 144 of the Code of Criminal Procedure empowers the authorities concerned to issue prohibitory orders and is imposed in urgent cases of nuisance or apprehended danger. Any person violating the same is proceeded against under Section 188 of the IPC, which deals with disobedience to order duly promulgated by a public servant.

The issue was raised before the High Court once again after a petition was filed against the state of Punjab by Darshan Singh Rathore through counsel Pankaj Chandgothia. He had moved the High Court after an FIR was registered against him under Section 188 of the IPC at the Mataur police station in Mohali district in May this year.

Appearing before Justice Mahabir Singh Sindhu’s Bench, Chandgothia contended that an FIR could not be registered under Section 188 of the IPC, in view of the bar under Section 195 of the Code of Criminal Procedure.

Chandgothia added that as per the written law upheld by the High Court and the Supreme Court, the proceedings under Section 188 could only be initiated on the basis of a complaint in writing made by the District Magistrate concerned directly to the court. It was not within the domain of the police to register a case against the offender for offences under Section 188 and to submit a final report after investigation. As such, the FIR was liable to be quashed. Issuing a notice of motion returnable on March 24 next year, Justice Sindhu added: “In the meanwhile, further proceedings before the trial court shall remain stayed till the next date of hearing”. — TNS