IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.01.2022

C O R A M

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

Crl. O.P. No.20494 of 2018

Crl.M.P.No.11034 of 2018

1.G.Ramakrishnan

2.Anbazhagan

3.Kabali

4.S.Babu

5.N.Suresh Kumar

6.V.Baskar

7.Shanthi

...Petitioners/Accused

Versus

The State rep. by

Sub Inspector of Police

F-1, Chinthadripet Police Station

Chennai - 600017

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of

Criminal Procedure Code, to call for the records in C.C.No.8011

of 2017, on the file of the XIV Metropolitan Magistrate,

Allikulam, Egmore and quash the same.

For Petitioners : Mr.R.Thirumoorthy

For Respondent : Mr.R.Kishore Kumar

Govt.Advocate (Crl.Side)

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, 353 IPC r/w 7(1)(a) of Criminal Law

Amendment Act and 149 IPC, on the file of the XIV Metropolitan

Magistrate, Egmore.

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 thereby,

committed an offence under under Sections 143, 353 IPC r/w 7(1)

(a) of Criminal Law Amendment Act and 149 IPC.

https://hcservices.ecourts.gov.in/hcservices/

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 a girl student due

to her failure in the NEET examination. As the right to protest

is inherent in the constitutional right, the mere protest in a

democratic manner, without any intent to commit an offence, the

offence under Section 143 IPC cannot be invoked against the

petitioners. Similarly, there are no materials available on

record to attract the offence under Sections 353 and 149 IPC and

Section 7(1)(a) of the Criminal Law Amendment Act, except

stating that the accused have raised slogans against the State

and Central Government. Hence, prayed to quash the entire

proceedings.

4. Heard the learned counsel on both sides and perused the

entire materials available on record.

5. The entire materials unearthed by the prosecution shows

that the protest itself is an outburst of the suicide of a

student named Anitha, despite securing higher marks, she could

not secure a seat in higher studies. Therefore, the accused

appears to have made a democratic protest by raising voice

against the Central Government to revoke the NEET Examination.

Therefore, this Court is of the view that if the persons protest

in a democratic manner without having any intention to commit

any offence, their gathering cannot be called as unlawful

assembly. The protest has been made to bring to the notice of

the Government about the death of the girl student and revoke

the NEET examination due to sufferings of some of the students.

Therefore, mere demonstration expressing their view in a

democratic manner cannot constitute any offence under Section

143 IPC. Their gathering to make a protest peacefully and their

act as long as will not fit into any of the category mentioned

under Section 141 IPC, it cannot be construed as an unlawful

assembly.

6. As far as offence under Section 353 IPC is concerned,

there is no material available on record to attract an offence

under Section 353 IPC, since assaults or use of criminal force

is totally absent and further it is not the case of the

prosecution that the petitioners have made an attempt to

threaten the witnesses who had deposed against the petitioners.

Similarly, there are no materials available on record to

attract the offence under Sections 353 and 149 IPC and Section 7

(1)(a) of the Criminal Law Amendment Act. In such view of the

matter, this Court is of the view that the entire