IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.5961 of 2019

and Crl.M.P.Nos.3355 & 3356 of 2019

1.S.Prince Ennarasu Periyar

2.V.Kalaiarasan

3.R.Karthikeyan

4.K.Selvendhiran

5.M.Bhavani

... Petitioners

Vs.

1. The Sub Inspector of Police,

F-1, Chintadripet Police Station,

Chennai - 600 002.

(Crime No.835 of 2017)

2. N.Prakash

... Respondents

PRAYER:

Criminal Original Petition filed under Section 482

Cr.P.C. praying to call for the records relating to the Charge

Sheet in C.C.No.8234 of 2017 on the file of Learned XIV

Metropolitan Magistrate, Chennai in Crime No.835 of 2017 on the

file of the 1st Respondent and Quash the same.

For Petitioners

: Mr.S.Kumaradevan

For RR1

: Mr.M.Mohamed Riyaz

Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in

C.C.No.8234 of 2017 on the file of the learned XIV Metropolitan

Magistrate, Chennai, having been taken cognizance for the

offence under Sections 143, 353 I.P.C. and Section 7(1)(a) of

Criminal Law Amendment Act.

2. The case of the prosecution is that on 01.09.2017, at

17.30 hrs, under the head of the first petitioner 14 persons

without any permission raised slogans as against the Central and

State Governments due to death of one Ariyalur Anidha regarding

NEET Exam. Further when other persons were dispersed by the

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

Police the petitioners tried to continue the same. On the basis

of the above said allegations, the respondent police registered

the complaint and filed a charge sheet against the petitioners

and others for the offences under Sections 143 and 188 I.P.C. @

143, 188 I.P.C. r/w 7(1)A of Criminal Law Amendment Act.

3.The learned counsel appearing for the petitioners

submitted that the petitioners are social activists and have

been raising voice for the public cause and public welfare,

whenever injustice and inaction of the government machineries.

In order to draw the attention of the Central and State

Governments, the petitioners along with other persons raised

slogans as against the Central and State Governments due to

death of one Ariyalur Anidha regarding NEET Exam. 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 is the duty of the Government to protect the rights of

freedom of speech and assemble that is so essential to a

democracy. Further he submitted that the petitioners or any

other members had never involved in any unlawful assembly and

there is no evidence that the petitioners or others restrained

anybody. However, the officials of the respondent police had

beaten the petitioner and others. When there was lot of members

involved in the protest, the respondent police had registered

this case under Sections 143 and 188 I.P.C. as against the

petitioners and others. Therefore, he sought for quashing the

proceeding.

4.Per contra, the learned Additional Public Prosecutor

submitted that the petitioners along with others staged protest

and there are specific allegations as against the petitioners to

proceed with the trial. More over, the petitioners are habitual

offenders by committing this kind of crimes. Therefore, he

vehemently opposed the quash petition and prayed for dismissal

of the same.

5.Heard Mr.S.Kumaradevan, learned counsel for the petitioner

and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor

appearing for the 1^st respondent.

6.On perusal of the charge, it is seen that the p