Panchapakesa Ayyar, J. — This is a reference made to this Court under section 432 of the Criminal Procedure Code by the Second Presidency Magistrate in M.P. No. 329 of 1958 in C.C. No. 184 of 1958 at the instance of the accused, C. N. Annadurai, leader of the D.M. K. and ten others. These eleven persons were charged in that case for having committed an offence punishable under:section 41 of the City Police Act. The case of the prosecution was that the accused had committed the offence by having proceeded towards the Triplicane beach on 3rd January, 1958, to conduct a public meeting in defiance of the order of the Commissioner of Police, Madras, dated 31st December, 1957, banning all meetings in the city except certain specified categories of meetings which could be held without a license and meetings for which license had been given by the Commissioner of Police, Assistant Commissioner of Police, etc., and subject to the conditions of the licenses. The accused had proposed to hold a public meeting at Triplicane beach on the 3rd January, 1958, at 6 p.m. on behalf of the Dravida Munnetra Kazhagam and had applied to the Commissioner for permission to hold the meeting, under clause (1)

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