JUDGMENT :

Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in pursuant to S.T.C. No. 132 of 2015 on the file of the Judicial Magistrate No. III, Coimbatore and quash the same.

1. The above petition has been filed to quash the proceedings in S.T.C. No. 132 of 2015 on the file of the Judicial Magistrate No. III, Coimbatore a for the offences under Sections 143 and 341 of IPC.

2. The allegation in the final report is that the accused belong to a political party. On 04.05.2015, the petitioners unlawfully assembled and made a protest against lodging of a complaint against a student. While doing so, the accused also restrained the public and squattered the public road. Thereby, they had committed the offences under Sections 143 and 341 of I.P.C. The prosecution cited 20 witnesses.

3. The learned counsel for the petitioner submitted that the prosecution has been launched with political motive and even when the entire prosecution case taken as proved, the same would not constitute any offence. Therefore, continuing the prosecution is nothing but abuse of process of law. Therefore, submitted that the same may be quashed.

4. The Learned Government Advocate (Criminal Side) submitted that the accused unlawfully assembled and caused disturbance to the public, thereby, they has been prosecuted.

5. It is to be noted that while exercising the power under Section 482, the Court should be slow, at the same time, if the Court finds that from the entire materials collected by the prosecution taken as a whole, would not constitute any offence, in such situation, directing the parties to undergo ordeal of trial will be a futile exercise and it will infringe the right of the persons and in this regard, the Apex Court in State of Haryana and Others vs. Bhajan Lal and Others, 1992 Supp. (1) SCC 335, has been held as follows:

“........

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(c) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(g) where a criminal proceeding is manifestly attended with mala-fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

6. It is also relevant to note the definition of Unlawful Assembly:

“Unlawful Assembly:

An assembly of five or more persons is designated an “unlawful assembly” if the common object of the persons composing that assembly is:

(i) to overawe by cr