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PATNA HIGH COURT
Mr. Purnendu Singh, J
Lalan Kumar @ Lalan Kumar Yadav – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. details of the fir and alleged actions. (Para 2 , 3) |
| 2. arguments regarding generality of accusations. (Para 4 , 5) |
| 3. lack of evidence for criminal liability established. (Para 7 , 11 , 14 , 22) |
| 4. understanding of unlawful assembly requirements. (Para 9 , 12) |
| 5. right to protest must respect public order. (Para 16 , 18) |
| 6. legal standards for abuse of process. (Para 19 , 20 , 21) |
| 7. quashing of proceedings based on false allegations. (Para 23) |
JUDGMENT
Date : 02-09-2025
Heard Mr. Chandan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Mushtaque Alam, learned APP for the State.
2. The present application has been filed for quashing the order dated 20.08.2011 passed by learned Judicial Magistrate, Ist Class, Patna in connection with Kotwali P.S. Case No.259 of 2010, by which cognizance of the offences has been taken under Sections 147 , 149, 341, 323, 332, 337, 353, 160, 427, 504 of the Indian Penal Code against the petitioner and other named persons.
3. As per the allegation made in the FIR, on 28.08.10, at approximately 12:45 pm, around 200-250 supporters of the Bihar Bandh, which had been proposed by the Youth Congress Party for 28.08.10, were br
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