Protest against illegal establishment is lawful; mere obstruction does not constitute unlawful assembly under IPC.

ORDER

Petitioners are the accused in C.C.No.4521/2017 before the Judicial First Class Magistrate Court-I, Chengannur. The above case is charge sheeted against the petitioners alleging offences punishable under Sections 143 and 283 r/w 149 of the Indian Penal Code .

2. The prosecution case is that, the petitioners had formed an unlawful assembly and protested against the functioning of a beverages outlet bearing No.L.F.01.4017 on 02.05.2017 and had sat in dharna in Chengannur-Thinakalamuttam public road creating traffic blockage. Hence, it is alleged that the accused committed the offence. Annexure-A is the FIR and Annexure-B is the Final Report. According to the petitioners, even if the entire allegations are accepted, no offence is made out.

3. Heard the counsel appearing for the petitioners and the Public Prosecutor.

4. It is contended that the petitioners are residents of Chengannur Muncipality, near Thottiyadu Junction. A beverages outlet functioning on ITI Junction, Chengannur and on account of the Hon’ble Supreme Court’s direction not to have any liquor shops within the 500 meters of National Highway, the same had to be stopped/shifted. As a result, the Beverage Corporation allowed the same to be shifted to a very thickly populated area and allowed the same to be conducted in a residential building in Thottiyadu Junction which is also surrounded by many educational and religious institutions is the submission. Against the sudden shifting of the beverages outlet to the thickly residential area of Thottiyadu Junction and since the same was functioning in a residential area, the residents came up in protest on 02.05.2017 is the submission. Most of them are women and children. According to the petitioners, the protest conducted in a peaceful manner. The SI of Police, arrested 43 people, including women and children and initiated criminal proceedings is the submission.

It is submitted that the dharna conducted by the petitioners are very peaceful and there was absolutely no unlawful activities as alleged by the Police. The petitioners also produced Annexure -C series to show that mass representations were filed by the local people before the authorities against the beverages outlet. The school authorities also filed representations against the beverages outlet as evident from Annexure-D series is the submission. Media also reported the issue in detail. Annexure-F is the notice issued by the Chengannur Muncipality directing to stop the outlet and Annexure-G order of the Municipal Secretary for stopping the functioning of the beverages outlet. The petitioners also produced Annexure-I, Right to Information application to show that the beverages is functioning without proper license. It is also submitted that, aggrieved by the inaction on the part of Municipality, the petitioners herein through their representatives filed W.P(C) No.30535/2017 before this Court against the illegal functioning of the liquor shop and this Court ordered to shut down the liquor shop as evident from Annexure-L order. Therefore, it is submitted that the petitioners were only conducting a peaceful dharna in accordance with law and the offences alleged are not attracted. The Public Prosecutor submitted that the contention raised by the petitioners are to be raised before the trial court at the appropriate stage.

5. This Court considered the contention of the petitioners and the Public Prosecutor. This Court also perused the Final Report filed by the Police against the petitioners. The allegation in the Final Report is extracted as under:

6. The offence alleged against the petitioners are under Sections 143 and 283 r/w Section 149 IPC . Se