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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Ramesh – Appellant
Versus
The Inspector of Police (L &O) – Respondent
| Table of Content |
|---|
| 1. fir registration for unlawful assembly during protest. (Para 2) |
| 2. legal bar on fir registration under section 188 ipc. (Para 3 , 4 , 5 , 6) |
| 3. constitutional protection of protest and quashing criteria. (Para 7) |
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in respect of FIR in Crime No.1196 of 2024 on the file of the respondent herein.
2. The case of the prosecution is that on
30.12.2024, the respondent herein received information that a huge demonstration was being conducted without permission near Madhavaram Municipality. About 309 persons including the petitioner had participated in the said demonstration, which was conducted demanding action against those responsible for the sexual assault on one of the students of Anna University. Though the demonstrators were warned and directed to disperse, they did not oblige and continued with their demonstration, raised slogans and thereby caused traffic disruption and disturbance to the public. Hence, a case was registered against the petitioner and others in Crime No.1196 of 2024 for the alleged offences under Sections 189(2) and 223 of BNSS (equivalent to Sections 142 & 188 IPC respec
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