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2024 Supreme(Online)(Ker) 82690

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
RAJANI, SINI, RAJAMMA, SREEJA SREENIVASAN, SHEEJA, GRACY JOSE, SEETHA, SOBHANA, ELIYAAMMA, SUSAMMA ABRAHAM, LEELAMMA ABRAHAM, SISSY KOSHI, ANNAMMA AJI, MANI, JOBINA, MINI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MADHU RADHAKRISHNAN, SRI.M.D.JOSEPH, SRI.NELSON JOSEPH
For the Respondents: SRI.SANGEETHARAJ.N.R, PP

Table of Content
1. accused charged with unlawful assembly and obstruction. (Para 1 , 2)
2. court's analysis of ipc sections relevant to the case. (Para 3 , 5 , 6 , 7)
3. petitioners protested against illegal functioning of liquor shop. (Para 4 , 8)
4. prosecution quashed due to lack of evidence against peaceful protest. (Para 9)

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

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