BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05/10/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.11970 of 2023 and Crl.MP(MD)No.9445 of 2023

1.Muneeswari

2.Chinnakaruppasamy

3.Selvamurugan

4.Vijayakumar

5.Alagar @ Alagarsamy

6.Kali Doss

7.Ramachandran : Petitioners/A1 to A7 Vs.

1.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.192 of 2017) : R1/Complainant

2.Mr.Seenivasan, Sub Inspector of Police, Narikudi Police Station, Virudhunagar 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 pertaining to the charge sheet in STC No. 74 of 2021 on the file of the District Munsif-cum- Judicial Magistrate, Thiruchuli and to quash the same as illegal as far as these petitioners are concerned and pass such other or further orders.

For Petitioners : M/s.A.Dharani For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking quashment of the case in STC No.74 of 2021 on the file of the District Munsif-cum-Judicial Magistrate, Thiruchuli.

2.The case of the prosecution in brief:-

On 11/09/2017, the petitioners along with other accused persons travelled in a TATA SUMO bearing registration No.TN-59-Q-1201 to Paramakudi to remember the 60^th death anniversary of Immanuval Sekaran. At that time, they alleged to have driven in the vehicle in a rash and negligent manner by raising slogans. On the basis of the above said occurrence, a case in Crime No.192 of 2017 was registered for the offences under sections 279, 143, 188, 353 IPC and section 179 of the Motor Vehicles Act r/w section 109 IPC. After completing the formalities of investigation, charge sheet was filed and it was taken cognizance in STC No.74 of 2021 by the District Munsif-cum-Judicial Magistrate, Thiruchuli.

3.Seeking quashment of the same, this petition has been filed by the petitioners on the ground that none of the allegations mentioned, either in the FIR or charge sheet attract any of the ingredients of the offences alleged against them.

4.Heard both sides.

5.For attracting the offence under section 143 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 slogans on the way to Paramakudi to remember the 60^th death anniversary of Immanuvel Sekaran. So, that cannot be construed as 'unlawful or illegal'.

8.Section 188 IPC reads as under:-

"188.Disobedience to order duly promulgated by public servant.-Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his poss