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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SRIVASTAVA
Azeem Ahmad Khan Alias Abeem Ahmad – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. discussion on the procedural aspects and charges against applicants. (Para 1 , 2 , 3) |
| 2. arguments concerning the implications of the charges on the applicants' future. (Para 4 , 5 , 6) |
| 3. court's observations on balancing rights and local regulations. (Para 7 , 8 , 9) |
JUDGMENT :
1. Heard Mr. Anil Srivastava, learned Senior Counsel assisted by Mr. Mohd. Shamim, learned counsel for applicants and learned AGA for State.
"...to quash entire criminal proceeding of Case no. 2828 of 2019 arising out of Case Crime no. 1055 of 2017 under sections 143, 188 IPC, (State vs. Jumman Khan and others), PS- Khalilabad, District Sant Kabir Nagar pending in court of learned Civil Judge (J.D.)/J.M. Sant Kabir Nagar."
4. While challenging entire proceeding which comprises the charge sheet dated 29.08.2017 and summoning order dated 27.05.2019 passed by learned concerned court, it has been argued by learned senior counsel at the behest of applicants that applicants are having no criminal history and they are simply students and implication of the applicants is only on the basis of certain restrainment to perform Namaz in shape of worship of their own faith and belief but considering the law
Court emphasized the need for balancing individual faith practices with societal order and local regulations.
The court found insufficient evidence to support charges under Section 188 IPC, emphasizing that lawful actions complying with judicial orders do not constitute an offence.
The right to peaceful protest is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Constitution, and proceedings against leaders of a peaceful protest were quashed due to lack of direct....
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