Environmental Protection Act - Police officers cannot initiate prosecution due to a statutory bar under Section 195
Calcutta High Court Quashes Proceedings Against Ram Navami Procession Organizers. Court Rules Police Lacked Authority to Initiate Prosecution Under Section 188 IPC, Finds No Evidence of Offence
News Report: The Calcutta High Court, in a judgment delivered on September 19, 2025, quashed the proceedings against the organizers of a Ram Navami procession, citing the lack of authority for police officers to initiate prosecution under Section 188 of the Indian Penal Code (IPC). The judgment, delivered by Justice Chaitali Chatterjee Das, emphasized that the absence of obstruction, annoyance, or injury during the procession did not constitute an offence under Section 188 IPC.
The case arose from a suo motu complaint lodged by the officer in charge of Shivpur Police Station, alleging that the organizers violated sound limits and directions passed by the High Court at Calcutta during the Ram Navami Shobha Yatra Rally on April 17, 2024. The complaint led to charges under Section 188 IPC and Section 15 of the Environmental Protection Act, with allegations of high sound levels and excess participants.
The petitioners, represented by Mr. Kallol Kumar Basu and other advocates, contended that the charges were unsustainable, as the procession was conducted strictly in compliance with the High Court's order permitting the rally. They argued that the allegations were absurd and did not merit prosecution.
The High Court observed that the police lacked the authority to initiate prosecution under Section 188 IPC, as cognizance of such offences can only be taken based on a written complaint by the public servant whose order was violated, as per Section 195 Cr.P.C. The court noted that the complaint did not demonstrate any obstruction, annoyance, or injury, which are essential elements to constitute an offence under Section 188 IPC.
Furthermore, the judgment reiterated guidelines from the Bhajan Lal case, underscoring the need for the power to quash proceedings to be exercised sparingly and in the rarest of rare cases. The court found the allegations in the FIR to be absurd and inherently improbable, justifying the quashing of proceedings.
In conclusion, the High Court deemed the continuation of the proceedings against the petitioners as a gross abuse of process of law. The judgment serves as a significant precedent in protecting individuals from unwarranted prosecutions based on insufficient allegations.
Bottom Line:
Quashing of proceedings under Section 188 IPC and Section 15 of the Environmental Protection Act - Police officers cannot initiate prosecution under Section 188 IPC due to a statutory bar under Section 195 Cr.P.C. - Complaint alleging mere violation of judicial order without any evidence of obstruction, annoyance, or injury does not constitute an offence under Section 188 IPC.
Statutory provision(s): Indian Penal Code, 1860 Section 188, Criminal Procedure Code, 1973 Section 195, Environmental Protection Act, 1986 Section 15, Criminal Procedure Code, 1973 Section 482.
Indra Deo Dubey v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2781417
