O R D E R

This criminal original petition has been filed seeking quashment of the case in STC No.2281 of 2022 on the file of the Judicial Magistrate No.1, Ramanathapuram in Crime No.56 of 2022 on the file of the 1st respondent police.

2.The case of the prosecution in brief:-

On 20/03/2022 between 05.00 pm and 06.00 pm near

Devipattinam Old Bus Stand, the accused persons who belongs to Tamil Nadu Muslim Munnetra Kazhagam, gathered unlawfully and made protest against the Central Government over the verdict of Karnataka High Court in respect of Hijab issue. Upon which, a case in Crime No.56 of 2022 was registered for the offences under sections 143, 341, 290 and 291 of IPC. After completing the investigation, final report has been filed and it was taken cognizance in STC No.2281 of 2022 by the Judicial

Magistrate No.I, Ramanathapuram.

3.Seeking quashment of the same, this petition has been filed by the petitioner on the ground that none of the allegations mentioned either in the FIR or in the final report attract any of the ingredients of the offences alleged against him.

4.Heard both sides.

5.For attracting the offence under section 143 of

IPC, the ingredients of section 141 of IPC must be fulfilled.

6.Section 141 of IPC reads as under:-

"Section 141.Unlawful assembly.-An assembly of five or more persons is designated an "unlawful assembly:, if the common object of the persons composing that assembly is-

First-To overawe by criminal force, or show of criminal force, or any public servant in the exercise of the lawful power of such public servant; or

Second-To resist the execution of any law, or of any legal process; or

Third.-To commit any mischief or criminal trespass, or other offence; or

Fourth.-By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right: or

Fifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation.-An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly."

7.When we apply the ingredients to the factual position of the case, it is seen that none of the ingredients mentioned in 141 of IPC get attracted. The petitioner and others have simply made protest against Central Government over the issue of wearing of hijab in the educational institutions in Karnataka. It is a democratic right of every person to raise voice against the political or Government demanding legal action. Such a right has been exercised by the petitioner. So, that cannot be construed as 'unlawful or illegal'.

8.Section 341 of IPC reads as under:-

"341.Punishment for wrongful restrain any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees or with both.”

9.Similarly, section 341 of IPC is not attracted.

There is no allegation to the effect that they prevented the public from proceeding in a particular way.

10.Section 290 of IPC reads as follows:-

“290.Punishment for public nuisance in cases not otherwise provided for may extend to two hundred rupees.”

11.Section 290 of IPC is a general Section prescribing punishment for public nuisance which is not otherwise provided for. As said earlier, there is no witness examined to show that there was a public nuisance committed by the petitioner. In this view of the matter, this Court is of the view that there are no ingredients made out for prosecuting the petitioner for offence under

Section 290 of IPC.

12.The next allegation is that the petitioner committed offence under Section 291 of IPC. It defines in the following words:-

“291.continuance of nuisance after injunction to discontinue - Whoever repeats or continues