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.

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 been taken under Sections 147 , 149, 323, 341, 188, 353, 120B of the INDIAN PENAL CODE .

3. Learned counsel appearing on behalf of petitioners informs that after investigation the police has submitted the final form, having found no offence. In absence of any evidence against the other co-accused for similar allegation the proceeding was dropped against them by the learned Chief Judicial Magistrate,Bhojpur,Ara. He further submitted that in spite of having no material collected in course of investigation against the petitioners, who at the relevant time were holding different posts in the school namely Rajkiya Madhaya Vidhayala, Dharhari. and not even have participated in the alleged protest, have been made accused. On these grounds, learned counsel seeks interference of this Court with the order dated 03.04.2017 passed by the learned Chief Judicial Magistrate, Bhojpur, Ara for which the petitioners have preferred Cr. Rev. No.203 of 2017 and it was rejected vide order dated 07.09.2018.

4. Mr. Jharkhandi Upadhyay, along with Mr. Ram Priya Sharan Singh, learned APPs appearing on behalf of the State at the outset jointly submitted that no interference can be made by this Court and to scuttle the trial, the petitioners have filed the present quashing application, for which an order has already been passed by the learned Sessions Judge, Bhojpur, Ara in Cr. Rev. No.203 of 2017, which requires no interference of this Court. He further submitted that the FIR in question has been registered as Ara Town P.S. Case No.349 of 2015 under sections 147, 149, 323, 341, 188, 353 and 120B of the INDIAN PENAL CODE , against the accused persons namely Tufani Singh, Md. Kutubuddin @ Tukubuddin, Dev Kumar Singh, Santosh Kumar. During the investigation, the Investigating Officer visited the place and recorded the prosecution occurrence, statements of the witnesses, as well as, the informant. As per the investigation, the allegations leveled against the petitioners were found to be true in nature, and the supervision report also substantiated the said allegations against the petitioners. He further submitted that it is true that initially the students were made accused along with teachers of the said school (petitioners) but during the investigation, none of the independent witness has stated active involvement of the students rather all the witnesses have stated that on the instigation of the teachers the students came on the road, therefore, police had submitted charge sheet against the petitioners. Learned counsel submitted that on these grounds, the charge sheet no.514 of 2016 dated 31.12.2016 was submitted, after collecting the materials against the petitioners, and as such, no interference is required by this Court.

5. Heard the parties.

6. It is well settled that in exceptio