HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SATHISH KUMAR
R.UMAPATHY AGED 37 YEARS – Appellant
Versus
THE STATE REP. BY – Respondent
O R D E R
This Petition has been filed to quash the final report in C.C.No.8001 of
2017, filed against the accused for the offences under Sections 143, 188 and
285 IPC, on the file of the XVII Metropolitan Magistrate, Saidapet.
2. The crux of the final report is that the accused unlawfully assembled and raised slogans to revoke the NEET examinations conducted by the Central Government and also made an attempt to fire effigy and thereby, committed offences under Sections 143, 188 and 285 IPC .
3. The learned counsel appearing for the petitioners submitted that they have not assembled unlawfully and they made their democratic protest over the suicide of the girl student due to her failure in the NEET examination. As the right to protest is inherent in the constitutional right, they have not assembled to commit any offence and offence under Section 143 IPC would not be attracted against the petitioners. Similarly, the Court cannot take cognizance of the offence under Section 188 IPC, as no the complaint has been made by the public servant concerned. Similarly, to attract the offence under Section 295 IPC, except stating that the accused made an attempt to burn the effigy, there are no oth
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