BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26/06/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.11421 of 2023 and Crl.MP(MD)Nos.9004 and 9007 of 2023

1.M.Chockalingam @ Sokkalingam

2.E.M.Jafarullah : Petitioners/A28 and A29 Vs.

1.The State by The Inspector of Police, Town North Police Station, Dindigul District.

(Crime No.557 of 2017) : R1/Complainant

2.K.Azhagu Raj, Sub Inspector of Police, Town North Police Station, Dindigul District. : R2/De-facto Complainant PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records in STC No.664 of 2019 on the file of the Judicial Magistrate No.1, Dindigul and quash the same in so far as the petitioners are concerned.

For Petitioners : Mr.D.Venkatesh For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking quashment of the case in STC No.664 of 2019 on the file of the Judicial Magistrate No.1, Dindigul.

2.The case of the prosecution in brief:-

On 27/07/2017 at about 04.30 pm, the members of a political party under the head of their Leader, numbering about 31 assembled unlawfully near Periyar statue, causing disturbance to the traffic, demanding exemption of Tamil Nadu from NEET. On the basis of the above said occurrence, a case in Crime No.557 of 2017 was registered for the offences under sections 145, 188 and 341 IPC. After completing the formalities of investigation, charge sheet was filed and it was taken cognizance in STC No.664 of 2019 by the Judicial Magistrate No.1, Dindigul. 3.Seeking quashment of the same, this petition has been filed on the ground that none of allegations mentioned in the FIR or final report attract any of ingredients of the offences as alleged.

4.Heard both sides.

5.For attracting the offence under section 145 IPC, the ingredients of section 141 IPC must be fulfilled.

6.Section 141 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 IPC get attracted. They have simply made agitation seeking exemption for Tamil Nadu Students from participating NEET Examination. It is a democratic right of every person to raise voice against the political or Government demanding legal action as a point. Such a right has been exercised by the petitioners. So, that cannot be construed as 'unlawful or illegal'.

8.Section 341 IPC reads as under:-

"341.Punishment for wrongful restrain.-Whoever wrongfully restrains 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 is not attracted. There is no allegation to the effect that they prevented the public from proceeding in a particular way.

10.Section 188 IPC reads as under:-

"188.Disobedience to order duly promulgated by