IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Sundaramurthy – Appellant
Versus
The Inspector of Police – Respondent
| Table of Content |
|---|
| 1. allegations against petitioners in a protest. (Para 2 , 3 , 4) |
| 2. court's observations on evidence and charges. (Para 5 , 6) |
| 3. legal requirements for fir registration under section 188. (Para 7 , 8 , 9) |
| 4. criteria for defining unlawful assembly and quashing of fir. (Para 10 , 11 , 12) |
ORDER
This Criminal Original Petition has been filed to quash the proceedings in CC.No.240 of 2017 pending trial on the file of the Judicial Magistrate, Ambattur.
2. The case of the prosecution is that on 12.09.2016, in front of Karnataka Bank at Ambattur, about 9 people conducted demonstration against the attack made on Tamil people at Bangalore.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The learned counsel further submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and also right to freely express once view or constitutionally protected rights under Part III and their enjoyment can be only in proportional manner through a fair and non-arbitrary procedure provided in Article 19 of Constitution of India . He further submitted that it
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