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N. SATHISH KUMAR
Aravinth – Appellant
Versus
State Rep. by Inspector of Police, Chennai – Respondent
JUDGMENT
(Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the C.C.No.2309 of 2016, on the file of the Metropolitan Magistrate Court No.VII, George Town, Chennai and to quash the same.)
1. This Criminal Original Petition has been filed to call for the records relating to the C.C.No.2309 of 2016 for the offence under Sections 143, 145 r/w 149 of IPC and Sec.7(1) (a) Criminal Law Amendment Act, 1932 and 41 Cp Act 1988 on the file of the Metropolitan Magistrate Court No.VII, George Town, Chennai and to quash the same.
2. The crux of the case of the prosecution is that on 17.03.2014, the petitioners who are studying in a Law College along with their friends without obtaining permission have gathered opposite to Chennai Ambedkar Government Law College and raised a slogan against "Srilankan Government, demanding their Tamil Ealam issues" and blocked the road besides they have also wrongfully restrained movement of the public and thereby committed the offence under aforesaid sections.
3. The learned counsel for the petitioners submitted that the petitioners have gathered and raised slogans against Srilankan Govern
Mere gathering of more than 5 persons will not amount to any offence unless their actions fit into the provisions found in Section 141 to constitute such assembly as unlawful assembly.
Peaceful protest to air grievances is a fundamental right, and criminal proceedings against such protesters for unlawful assembly are unsustainable if there is no evidence of public disturbance, spec....
The act of protesting does not necessarily constitute the alleged offences, and hindrance caused to the movement of the general public due to a protest does not necessarily attract the alleged offenc....
The Court affirmed the right to peaceful protest, stating that mere assembly does not constitute an unlawful assembly without evidence of violence or obstruction.
The court can quash criminal proceedings when allegations in the FIR do not prima facie constitute an offence.
The main legal point established in the judgment is that the power under Section 482 can be used to quash proceedings if the allegations in the FIR do not prima facie constitute any offence, as outli....
Assembly must meet specific criteria to constitute unlawful assembly; mere presence is insufficient for liability.
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