Order

14/02/2025

1. The present petition is for quashing of the FIR No.14/2023 registered at Police Station Dabok Udaipur lodged against the petitioner under Sections 143 and 283 of the Indian Penal Code (IPC) and Section 8B of the National Highways Act, 1956.

2. Briefly stated the facts of the case are that the FIR, lodged at the instance of none other than the SHO of Police Station Dabok itself.

3. It speaks about a protest (Dharna) organized by the petitioner on 12.01.2023. The protest sought fulfillment of demands from the State Government for providing water to villagers from the Mahi-Mansi Dam and ensuring adequate electricity supply. The FIR alleges that the petitioner proceeded with the protest despite being warned not to do so a day prior but it was held on 12.01.2023 near Dabok Circle, at Highway. It is further alleged that the gathering chanted slogans against the State administration, seeking redressal of their demands. Protests for basic amenities such as water and electricity, when organized peacefully and within the bounds of the law, are fundamental democratic rights. Staging a Dharna is a legitimate form of protest intended to draw the attention of public authorities and ensure their accountability. Whether staging Dharna itself is an offense under section 143 and 283 of the IPC is to be examined.

Section 143 of the IPC reads as under:-

Whoever is a member of an unlawful assembly, shall “

be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”

A perusal of above reflects that it pertains to unlawful assembly that may pose a threat to public tranquility. For an assembly to be considered unlawful, it must have an unlawful objective as defined by law. The facts of this case indicate that the assembly was formed to address legitimate grievances regarding the lack of water and electricity. In my view, unless it is shown that the object of the assembly was unlawful, mere formation of an assembly does not attract Section 143 IPC.

3.A. Section 283 of the IPC deals with causing danger, obstruction, or injury to a public place or way. This provision applies to actions that pose a risk to public movement or safety. However, the FIR does not disclose any act by the petitioner that caused danger, obstruction, or injury to any person in a public place or way.

4. As far as the question of Section 8b of the National Highway Act is concerned, suffice it would be to say that, it would attract when damage to a National Highway is caused, it provides punishment to an individual, who intentionally or knowingly damages a National Highway, which may include making the highway impassable or inaccessible or unsafe for travel or destroy the property.

5. A perusal of the FIR reveals that not a single word is uttered in the entire FIR to the effect that any damage was caused by the petitioner and that his act caused any danger to public peace or damage to the highway or rendered it impassable or inaccessible or any injury was caused by him to any person in any public way or public line of navigation.

6. Upon careful consideration, this Court finds that the essential ingredients to constitute offences under Sections 143 and 283 of the IPC, as well as Section 8B of the National Highways Act, 1956, are absent in the FIR. It is noticed that even if, the allegations made in the FIR are taken at it’s face value no offence is made out. Consequently, this Court deems it appropriate to exercise its extraordinary jurisdiction to prevent the abuse of process of law.

7. Accordingly, the instant petition is allowed. The FIR No.14/2023 registered at Police Station Dabok Udaipur along with all consequential proceedings, including the investigation report, is hereby quashed and set aside.

(FARJAND ALI),J

79-Mamta/-