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G. CHANDRASEKHARAN
M. Naseema Banu – Appellant
Versus
State represented by Sub-Inspector of Police, Thiruvarur – Respondent
JUDGMENT
(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in S.T.C.No.356 of 2023 on the file of the learned Judicial Magistrate No.II, Mannarkudi and quash the same as against the petitioner.)
This Criminal Original Petition has been filed to call for the records in S.T.C.No.356 of 2023 on the file of the learned Judicial Magistrate No.II, Mannarkudi and quash the same as against the petitioner.
2. The learned counsel for the petitioner submitted that the allegations in the Final Report are that on 08.03.2022 at about 17.20 hours, near Koothanallur, the accused in this case Nasima Banu and other accused without obtaining prior permission obstructed the traffic. Reason for their arrest is that they had not obtained prior permission for conducting the road roko; that this road roko was arranged and conducted during the spread of Covid-19 and that the accused had wrongfully restrained free flow of traffic and movement of the public from 17.20 hours to 17.30 hours. Therefore, the final report was filed under Section 143 and 341 I.P.C.
3. It is the submission of the learned counsel for the petitioner that petitioner and other accused had o
Alleged assembly not meeting the criteria of an unlawful assembly and absence of specific allegations and evidence led to the quashing of proceedings under Section 143 IPC.
Protests for public demands on highways are democratic rights; quash proceedings lacking independent witnesses and harm.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
The central legal point established in the judgment is that democratic dissent and protests must be protected, and the prosecution must prove the elements of alleged offences beyond reasonable doubt.
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.
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