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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
O.M. SHALINA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. case originates from the arrest-related protest, with allegations of unlawful assembly. (Para 1 , 2 , 6) |
| 2. court emphasizes protection of peaceful assembly and dissent as constitutional rights. (Para 3 , 7 , 9 , 11 , 12 , 14 , 15) |
| 3. petitioner argues against the legal basis for charges under section 188 ipc. (Para 4 , 5) |
| 4. requirement for written complaints for cognizance under section 188 ipc. (Para 8 , 13) |
| 5. proceedings quashed based on lack of substantive evidence against the petitioner. (Para 18) |
O R D E R
The Criminal Miscellaneous Case is filed by the 6th accused in C.C.No.1004 of 2021 on the file of the Court of the Judicial First-Class Magistrate-VIII, Ernakulam (for short 'Trial Court'), to quash the above proceedings. The case has originated from Crime No.1541 of 2018 registered by the Kadavanthra Police Station, alleging that the accused persons have committed the offences punishable under Sections 143 , 147, 188 and 283 r/w Section 149 of the Indian Penal Code (‘ IPC ’, for brevity).
2. The prosecution allegation in Annexure II final report, in a nutshell, is as follows:
“On 18.11.2018 at 11.30 hours, the accused persons, in prosecution of their common
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