Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/A14 to quash the proceedings in C.C.No.1872 of 2021 on the file of the Additional Judicial Magistrate of First Class, Vizianagaram.

2. A charge sheet has been filed against the petitioner herein and others for the offences under Sections 143, 341, 188, 269, 271 r/w 34 IPC and Section 51(b) of the Disaster Management Act.

3. Brief facts of the case are that, in recent past, the Government of Andhra Pradesh published job calendar for various posts in various Departments. Due to less number of posts announced by the Government, the accused (students of SFI and CITU) tried to organize protest programme against the Government but due to rapid spread of Covid, there was no permission to stage programme and the same was informed to the accused persons. Despite of the same, A1 to A14 formed into unlawful assembly, wrongfully restrained vehicles on public road at Kota Junction of Vizianagaram Town and created inconvenience to the general public by raising shouts against the Government and negligently behaved which was likely to spread covid.

4. Learned counsel for the petitioner contends that even accepting the entire accusations to be true, still the aforesaid offences would not attract as against the petitioner herein for the reason that the petitioner and others organized a protest programme against the Government and since there was rapid spread of covid, the Government has not given permission to stage protest programme.

5. On the other hand, learned Assistant Public Prosecutor appearing on behalf of respondents contended that there is an accusation to the extent that there was a wrongful confinement of the passing vehicles and further the petitioner and others had continued their violent act by forming themselves into an unlawful assembly.

6. Heard. Perused the record.

7. The Government of Andhra Pradesh published job calendar of various posts in various Departments. In view of the fact that lesser number of posts were announced by the Government, the petitioner and others who are the students of SFI and CITU, organized a protest programme against the Government. In view of the fact that there was rapid spread of Covid, the Government has not granted permission in favour of the petitioner and others to stage protest programme. It is alleged that on 24.06.2021 at 10.00 a.m., the petitioner and others formed themselves into unlawful assembly and wrongfully confined passing vehicles at Kota Junction of Vizianagaram and raised shouts against the action of Government.

8. In order to attract the offence under Section 188 as against the petitioner herein, the procedure under Section 195 Cr.P.C. and 340 Cr.P.C., has to be followed.

9. Section 195 CrPC reads as follows:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or (ii)of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii)of any criminal conspiracy to co