The main legal point established in the judgment is that the prosecution must establish the commission of an offence, and continuing the prosecution without sufficient evidence would be an abuse of process of law.

JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to Crime No. 718 of 2020 dated 05.08.2020 on the file of the respondent herein and quash the same as against the petitioners.

1. This petition has been filed to quash the First Information Report registered in Crime No. 718 of 2020 on the file of the respondent registered as against the petitioners for the offences under sections 143, 341, 188 and 269 of IPC.

2. The allegation in the First Information Report is that on 05.08.2020 at about 5.00 p.m. the petitioners along with some other peoples without any permission unlawfully assembled and protesting in a public place to condemn the trespasses on Babri Masjid and Kashmir state, despite Section 144 Cr.P.C. was in force. Thereby, they had committed the offences under Sections 143, 341, 188 and 269 of I.P.C.

3. The learned counsel for the petitioners submitted that the prosecution has been launched with false allegations and even when the entire prosecution case taken as a face value, the same would not constitute any offence and 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 without any prior permission and thereby, First Information has been registered.

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 obj