Police has no right to register case under section 188 IPC without getting proper permission from the J.M
- In the judgment reported in “2018(2) L.W (Crl.) 606 In Jeevanandhan and others Vs. State rep. by Inspector of Police, Velayuthampalayam Police Station, Karur District and another”, it has been held that the Police has no right to file a case under Section 188 IPC and to investigate the same without getting proper permission from the concerned jurisdictional Magistrate. Here, there is no material to show that before registering the case, permission of the concerned jurisdictional Magistrate has been obtained. In such circumstances, the respondent has no right to register the case and to investigate the matter. A detailed guideline has been issued by this Court in the judgment cited supra. On this aspect, Section 188 IPC will not stand against the petitioner.
Party
Azhagupandiyan @ Pandiyan vs. State Rep. by, The Inspector of Police, Anaikaranchatram Police Station, Mayiladuthurai District. (Crime No.556 of 2021) – Crl.O.P.No.21424 of 2021 – 11.01.2021 – His Lordship Mr. Justice M. Nirmal Kumar J.
