ORDER

Petitioner is before this Court calling in question the proceedings in C.C.No.26487 of 2015 registered for offences punishable under Sections 143, 147 and 341 r/w Section 149 of the IPC pending before the 32nd Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard the learned counsel Sri Sagar G Nahar, learned counsel appearing for petitioner and Sri Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1.

3. Facts in brief germane are as follows:

It transpires that in the month of March 2015 the Pre-

University Board Examination was conducted and its results were announced on 18-05-2015. The petitioner who was then a student of law seeks to protest against the alleged wrong results that were announced by the Board on 18-05-2015. Therefore, the petitioner along with parents of the students who had grievance on the announcement of the alleged wrong results staged a protest before the Pre-University Board, Malleshwaram in connection with the aforesaid discrepancy. On the ground that the petitioner and others have wrongfully restrained the officers who were working in the Board, crime came to be registered against the members of the ABVP and NSUI, one of which was against the petitioner on 21-05-2015, which forms the complaint and the complaint becomes a crime in crime No.129 of 2015 for the afore-quoted offences. The police, after investigation, file a charge sheet against the petitioner and others on 29-10-2015 for the very offences that were alleged at the time when crime was registered.

4. Long after the commencement of the trial, it transpires that the prosecution filed an application under Section 216 of the Cr.P.C. for inclusion of a charge of Sections 448 and 353 of the IPC before the concerned Court on the ground that the petitioner and others have come in the way of the public functionaries to function which would become an offence under the said sections of the IPC.

5. Learned counsel appearing for the petitioner would contend that it was a peaceful protest before the Pre-University Board at Malleswaram, along with the parents who had the grievances with regard to their children having secured certain marks which according to them were incorrect. It was demanding correction of the marks, the parents and the petitioner had staged such protest. There was no untoward incident that has happened on the date of protest is the submission of the learned counsel for the petitioner. The learned counsel would further amplify his submissions to contend that the ingredients of Section 149 or 341 of the IPC are not met with, in the case at hand. The petitioner has not formed an unlawful assembly or involved in an unlawful act much less not wrongfully restrained any person working in the said offence. He would seek quashment of the entire proceedings.

6. On the other hand, learned High Court Government Pleader would seek to refute the submissions to contend that the petitioner was the President of the National Students Union of India and he had indulged in all those acts alleged against him. Therefore, it is a matter of trial for the petitioner to come out clean. He would submit that in view of the aforesaid serious disputed questions of fact, this Court should not interfere with the impugned proceedings.

7. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record.

8. The afore-narrated facts are not in dispute. The issue that triggers registration of crime is as afore-narrated. The crime is registered for the offence punishable under Sections 143, 147, 341 r/w 34 of the IPC. The complaint is made on

21-5-2015 by the Director of Pre-University Board and it reads as follows:

“

¸ÀASÉå:¦AiÀÄÄ- /¥ÀjÃPÉë/2015-16 ¢£ÁAPÀ: 21-5-2015 oÁuÁ¢PÁjUÀ¼ÀÄ ªÀįÉèñÀégÀA DgÀPÀëPÀ oÁuÉ ªÀįÉèñÀégÀA ¨ÉAUÀ¼ÀÆgÀÄ.

ªÀiÁ£ÀågÉà «µÀAiÀÄ: ¥ÀzÀ« ¥ÀƪÀð ²PÀët E¯ÁSÉAiÀÄ DªÀgÀtzÀ°è ¥ÆÀ ªÁð£ÀĪÀÄw E®èzÉ ¥Àæw¨sÀl£É £ÀqɸÀÄwÛgÀĪÀ §UÉÎ - - -

¢£ÁAP