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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, J.
Naresh Chauhan and Others – Petitioners
Versus
State of H.P. – Respondent
Cr. MMO No. 835 of 2022
Decided On : 20-12-2022
Indian Penal Code,1860 - Sections 341 and 143 – Offence of wrongful restraint - Unlawful assembly - Charged - FIR has been registered on basis of rukka sent by H.C. Lalit Kumar Incharge Police, through Honorary Lady Head Constable Lata, to SHO, Police Station, Dhalli for registration of FIR, stating therein that on that day, since 4:00 A.M. due to leakage/overflow of water from Municipal Corporation water tank located in front of shop of Hateshwari Jewellers, water and mud had clogged in shop of Hateshwari Jewellers, adjacent shops and in rooms of tenants located on lower side and in this regard affected house and shop owners were informing concerned officers of Municipal Corporation repeatedly, but no preventive or remedial measures were taken by concerned Officers, whereupon petitioners alongwith others took out benches from shops and put them on middle of road in front of Hatehwari Jewellers and stopped movement of pedestrians a well as vehicles, and petitioners were leading crowd gathered on spot and were provoking them to restrain public path/road - They have not sought any permission for expressing their resentment either from local administration nor have they informed regarding this - Expressing opinion that act of petitioners was attracting commission of offence under Sections 341 and 143 of IPC, request was made in Rukka to register FIR against petitioners - There is vague reference that pedestrians and vehicles were obstructed from moving/crossing the road, but not even a single pedestrian or vehicle owner/driver has been cited as a victim and witness whose movement was obstructed and prevented by the petitioners, who had a right to proceed through the road obstructed by the petitioners. (Para 12)
Finding of Court :
In present case, ingredients of wrongful restraint are missing so as to establish that there was wrongful restraint to any person - Therefore, Section 339 IPC is not attracted and there cannot be any punishment for Section 341 IPC which provides punishment for wrongful restraint as, there is no wrongful restraint as defined in Section 339 IPC - In absence of sufficient material to prima facie establish or even to suspect commission of offence under Section 339 IPC, assembly of petitioners and others cannot be termed as an unlawful assembly for want of commission of any offence by the assembly, as defined under Section 141 IPC - In view of above discussion, it is evident that there is lack of presence of ingredient to attract “wrongful restraint” as defined under Section 339 IPC and thus to attract definition of “unlawful assembly” as defined under Section 141 IPC, in complaint, evidence gathered and challan presented in Court - Court of considered opinion that there is no sufficient material on record to proceed further in trial for alleged commission of offence punishable under Sections 341 and 143 of IPC – Court find merit in petition - Accordingly, FIR No. registered in Police Station, District, H.P. and consequential proceedings arising thereto are quashed and set aside.
Result : Petition is allowed
JUDGMENT :
VIVEK SINGH THAKUR, J.
1. Petitioners have approached this Court for quashing of FIR No. 4 of 2019, dated 4.1.2019, registered in Police Station, Dhalli, District Shimla, H.P. under Sections 341 and 143 of the Indian Penal Code (for short “IPC”).
2. Response/status report stands filed. Record was also made available by respondent-State.
3. As per status report, FIR has been registered on 4.1.2019 on the basis of rukka sent by H.C. Lalit Kumar Incharge Police Chowki, Sanjauli, through Honorary Lady Head Constable Lata, to SHO, Police Station, Dhalli for registration of FIR, stating therein that on that day, since 4:00 A.M. due to leakage/overflow of water from Municipal Corporation water tank located in front of shop of Hateshwari Jewellers, water and mud had clogged in the shop of Hateshwari Jewellers, adjacent shops and in the rooms of tenants located on lower side and in this regard affected house and shop owners were informing concerned officers of Municipal Corporation repeatedly, but no preventive or remedial measures were taken by concerned Officers, whereupon petitioners alongwith others took out benches from shops and put them on the middle of road in front of Hatehwari Jewellers and stopped movement of pedestrians a well as vehicles, and petitioners were leading the crowd gathered on the spot and were provoking them to restrain the public path/road. They have not sought any permission for expressing their resentment either from local administration nor have they informed regarding this. Expressing opinion that act of petitioners was attracting commission of offence under Sections 341 and 143 of IPC, request was made in Rukka to register FIR against petitioners.
4. After receiving rukka, FIR was registered and investigation was carried out. Investigating Officer concluded that petitioners have committed an offence under Sections 341 and 143 of IPC and, therefore, challan was prepared against them and presented in the court on 10.5.2019, which is pending adjudication in the Court of Judicial Magistrate First Class, Court No. 4, Shimla.
5. Sections 143 and 341 of IPC read as under:
341. Punishment for wrongful restraint - Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”
6. Section 341 IPC provides punishment for wrongful restraint and “wrongful restraint” has been defined under Section 339 of IPC, which read as under:
7. Section 143 IPC provides punishment for member of an unlawful assembly. ‘Unlawful assembly’ has been defined under Section 141 IPC, which reads as under:
First: To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant.
Second: To resist the execution of any law, or of any legal process.
Third: To commit any mischief or criminal trespass, or other offence.
Fourth: By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.
Fifth: By means of criminal force, or show of criminal force, to compel a
There is no sufficient material on record to proceed further in the trial for alleged commission of offence punishable under Sections 341 and 143 of IPC
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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