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2020 Supreme(MP) 1086

PRAKASH SHRIVASTAVA
Zaid Pathan – Appellant
Versus
State of M. P. – Respondent


Advocates:
Pratyush Mishra, Anshuman Shrivastava, S.A. Warsi,
Neeraj Kumar Soni and Manish Yadav for petitioners;
Pushyamitra Bhargava, Additional Advocate General with
Aniruddha Gokhale for respondent/State.

ORDER

1. This order will govern the disposal of MCRC Nos.32779/20, 22907/20, 31816/20, 31827/20, 31933/20, 36823/20, 37695/20, 39757/20, 29043/20 & 39474/20 as it is jointly submitted by counsel for the parties that all these MCRCs involve the same issue on the identical fact situation.

2. These MCRCs have been filed for quashing the FIR registered by the police for offence under section 188 of the IPC.

3. For convenience the facts are noted from MCRC No.32779/20.

4. This MCRC has been filed under section 482 of the Cr.P.C. for quashing the FIR No.5/2020 registered at Police Station Sarafa, Indore. FIR has been registered against the petitioners for commission of offence under section 188 & 34 of the IPC with the allegation that on 15.1.2020 the petitioners had staged a demonstration against CAA and NRC without giving any intimation or taking prior permission from the competent authority, whereas the District Magistrate in order to maintain peace and tranquillity had issued the order No./2322/R.A.D.M./2019, and Order No./2323/R.A.D.M./2019 dated 10.12.2019 prohibiting any demonstration, procession, public meeting etc. in any place without permission. It is further alleged that in ad

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