Mere presence in an assembly does not constitute an unlawful assembly under Section 141 IPC; the prosecution must prove a shared common object and specific overt acts to establish liability under Section 149 IPC.

THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.798/2024 REGISTERED AGAINST THE PETITIONERS BY THE SHIVAMOGGA RURAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 307, 323, 324, 332, 353, 504, 506 R/W 149 OF IPC, 1860 ON THE FILE OF JMFC III, COURT, SHIVAMOGGA, SHIVAMOGGA.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri. Sandesh P. Nadiger, learned counsel appearing for the petitioners and Sri. Anoop Kumar, learned High Court Government Pleader appearing for respondent.

2. The petitioners are before this Court, seeking for the following prayers:

"a. Quash the entire proceedings in CC No.798/2024 registered against the petitioners by the Shivamogga Rural Police Station for the offences punishable under Sections 143, 144, 147, 148, 307, 323, 324, 332, 353, 504, 506 R/w Section 149 of IPC, 1860 on the file of JMFC III, Court, Shivamogga.

b. Pass any such other order(s) as this Court may deem fit based on the facts and circumstances of the case and in the interest of justice."

3. The issue in the petition is akin to what is decided in Crl.P.No.3916/2018 disposed on 17.02.2020, wherein this Court has examined the identical facts and offences alleged against the petitioners therein. While so examining, this Court has held as follows:

“4. The gist of the complaint is that on 23.05.2017 at about 11.30 a.m., received a credible information that a group of people gathered on Queen’s Road shouting slogans against the Government. Immediately, he went to the spot and found that 50 young men assembled illegally and disturbed the public and vehicles without prior permission from the station. On enquiry he found that they are the members of Campus Front of India Karnataka and protesting against interference religious and personal freedoms by imposing dress code in ‘AIIMS Exam’ which is against the personal and religious rights of our Constitution. Immediately they were disbursed and a case has been registered and after investigation, the charge sheet has been filed.

5. It is the submission of the learned counsel for petitioners that though there is no substantial material as against petitioners/accused Nos.1 to 48, the respondent have investigated the case and have filed the charge sheet against petitioners/accused Nos.1 to 48. It is his further submission that in order to file a charge sheet under Section 143 of IPC, the unlawful assembly must satisfy the ingredients as contemplated under Section 141 of IPC but none of the ingredients are satisfied in this case. It is his further submission that mere presence in an unlawful assembly, cannot render a person liable unless there was a common object, they were actuated by the common object and that object is one of those set out under Section 141 of IPC. It is his further submission that if the common object of an unlawful assembly is not proved, the accused persons cannot be convicted either under Section 143 of IPC or under Section 149 of IPC. It is his further submission that the prosecution has to prove the overt-acts as against the persons who have been alleged as a member of unlawful assembly. In order to substantiate his said contention, he has relied upon the decision of the Hon’ble Apex Court in the case of Charan Singh And Others Vs. State Of Uttar Pradesh reported in (2004) 4 SCC 205. It is his further submission that as per the Licensing and Controlling of Assemblies and Public Proce