The court found insufficient evidence to support charges under Section 188 IPC, emphasizing that lawful actions complying with judicial orders do not constitute an offence.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This is an application filed under section 528 of B.N.S.S, 2023 read with section 442 of B.N.S.S 2023 filed by the by the petitioners for quashing of the proceeding in connection with G.R Case No.1919 of 2024 arising out of Shibpur P.S Case No.154 of 18.4.2024, under section 188 of Indian Penal Code and Section 15 of the Environmental Protection Act, pending before Learned CJM at Howrah Kolkata, Sadar, Howrah.

2. The case of the petitioner are that they are the active members of Vishwa Hindu Parishad. The petitioner No.1`being the convenor of Ram Navami Shobha Yatra Rally scheduled to be held on 17.4.2024 from B.E College gate No. 1 to Ramkrishnapur Ghat along with GT Road, which was not allowed for procession through the said route. Having no other alternative a writ petition was filed being W.P.A number 9937 of 2024 before the Hon’ble High Court at Calcutta for permission for procession and prayed for appropriate relief. On 15.4.2024 an order was passed, permitting the petitioners to take out the procession of Ram Navami through the said route as prayed for between 3 P.M. to 6 P.M., subject to certain conditions and other mandatory directions to be observed by both the petitioners and the police Authorities. It is the further case of the petitioner that accordingly a procession of 200 persons were taken out through the specific route on that day within the specified time period and there was no breach of peace, altercation, chaos, and communal riot.

3. On 16 April 2024, an officer in charge of Shivpur Police Station lodge suo motu complaint and on the basis of such complaint, Shivpur Police Station case number 154 of 2024 dated 18.4.2024, under Section 188 of Indian Penal Code and Section 15 of Environmental Protection Act was started against the present petitioners with the allegation that during the procession high sound of microphones, electric sound box were used more than thousand participants joined in the said rally from Kazipara More and there by violated the sound limits and directions passed by the High Court at Calcutta.

4. After competition of investigation, the charge-sheet has been submitted on 26.9.24 with the above mentioned charges and the petitioner surrendered before the Learned Court on 6 July 2024, and prayed for Bail, which was allowed on the same date.

5. The Learned Advocate representing the petitioner submitted that the charge-sheet submitted against the petitioners is not sustainable in the eye of law as the prime of allegations and charges levelled against the petitioners are absurd and the procession was taken out strictly in compliance with the order passed by the Hon’ble High Court at Calcutta, and hence the same is required to be quashed.

6. Per contra the submission advanced on behalf of the State/ Respondent is a complete violation of the order passed by the Hon’ble Court and the complaint had to be lodged against the organizers and on the basis of the investigation, visiting the different points , after drawing the rough sketch and examining the available public witnesses and after Caesar of CCTV footage on working CCTV cameras of GT Road in between Batalitala Bazar to Fazir Bazar preserving in a 64 GB pen drive ,the charge-sheet was submitted. It is appropriate case for trial to be commenced and after taking evidence, and after assessing the material exhibits, which will be placed before the Court, it can be ascertain as to whether there is any violation or not. Hence, prayed fo