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SUNDER MOHAN
K. Asaithambi – Appellant
Versus
State Rep. , by The Sub Inspector of Police, Srimushnam Police Station, Cuddalore – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records pertaining to the charge sheet in C.C. No. 129 of 2018 on the file of the learned Judicial Magistrate – II, Virudhachalam, Cuddalore District in Crime No.255 of 2017 on the file of the first respondent and quash the same.)
1. This Criminal Original Petition is to quash the charge sheet in C.C. No. 129 of 2018 on the file of the learned Judicial Magistrate – II, Virudhachalam, Cuddalore District in Crime No.255 of 2017.
2. It is alleged in the charge sheet that on 26.08.2017 the petitioner and thirteen accused persons along with the people of ten villages assembled at the Government Sand Quarry and raised slogans against the Sand Quarry and the Government and hence committed the offences under Sections 143, 188, 353 and 447 of the Indian Penal Code.
3. The learned counsel for the petitioner submitted that the petitioner protested peacefully and he has a right to do so. The impugned final report even if accepted to be true does not attract any of the offences alleged. The petitioner did not form any unlawful assembly or obstructed, assaulted or used criminal
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 right to peaceful assembly and protest is protected under Articles 19(1)(a) and 19(1)(b), and charges under IPC Section 188 cannot stand without a written complaint from a public servant.
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 assembly for peaceful protest does not constitute unlawful assembly or wrongful restraint under IPC sections 143 and 341.
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