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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Tufani Singh S/o Chandradeo Singh – Appellant
Versus
State of Bihar – Respondent
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
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.
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....
Presence in an unlawful assembly does not establish liability unless a common object is proven; absence of such evidence resulted in quashing of proceedings.
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