DEEPIKA Vs. STATE

JUDGEMENT

(1.) The petitioners - accused Nos.1 to 12 are sought to be prosecuted for the offences punishable under Ss. 143 , 145, 147, 342, 353, 504, 109 read with Sec. 149 of IPC. The police, after the investigation, laid the charge sheet for the aforesaid offences.

(2.) The case of the prosecution is that, on 1/9/2018 at about 4.30 p.m, the petitioners - accused herein along with others by forming an unlawful assembly, and without permission, entered the police station demanding to register FIR against the Block Education Officer, restrained the police personnel from discharging their duties, shouted slogans, and also raised their voice against them. The cognizance taken of the aforesaid offences is impugned by the petitioners and accused herein.

(3.) The learned counsel for the petitioners - accused Nos.1 to 12 submits that, the petitioners had lodged the FIR against the Block Education officer, and in the said proceeding, the police, after the investigation, submitted a 'B' report, and in the said 'B' report, it is stated that, the petitioners along with other accused came to the police station, on 1/9/2018 at about 6.30 p.m, lodged the complaint, which clearly establishes that, the FIR registered against the petitioners was with malice and without any probable cause. He further submits that, except the omnibus and general allegations, there is no specific overt act against each of the accused herein as to how and in what manner they restrained the police personnel from discharging their duties, and also rioted inside the police station.