Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Tufani Singh S/o Chandradeo Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. filing of application for quashing proceedings. (Para 1 , 2 , 3) |
| 2. state's objection to quashing the proceedings. (Para 4) |
| 3. conditions under which quashing of criminal proceedings is justified. (Para 6 , 7) |
| 4. legal standards for proving membership in unlawful assembly. (Para 8 , 9 , 10) |
| 5. requirements for claiming offences under specific ipc sections. (Para 11 , 12) |
| 6. purpose of section 482 of crpc. (Para 13) |
| 7. protection of democratic right to protest peacefully. (Para 14) |
| 8. quashing of the orders based on judicial review. (Para 15) |
JUDGMENT :
PURNENDU SINGH, J.
1. Heard Mr. Ravindra Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ram Priya Sharan Singh, learned APP along with Mr. Jharkhandi Upadhyay, learned APP for the State.
2. The present application has been filed under Section 482 of the CrPC for quashing of the order dated 07.09.2018 passed in Cr. Rev. No.203 of 2017 by learned Sessions Judge, Bhojpur, Ara, as well as, the order dated 03.04.2017 passed by the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Tr. no. 169 of 2017 arising out of Ara Town P.S. Case No.349 of 2015, by which cognizance of the offences has bee
Mere presence in an unlawful assembly does not impose liability without evidence of common intent; the right to protest must be safeguarded unless proven harmful.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
FIR for unlawful assembly and wrongful restraint during road-blocking protest to pressure police not quashed as allegations disclose prima facie offence; no mini-trial at quashing stage despite right....
The right to peaceful protest is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Constitution, and proceedings against leaders of a peaceful protest were quashed due to lack of direct....
The court found that peaceful protests are constitutionally protected and that charges of unlawful assembly and disobedience were unsustainable due to lack of evidence for assault or criminal force.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
