DOMINIC PRESENTATION Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed under Sec.482 Cr.P.C by the 3rd accused in C.C.966/2016 on the files of Judicial First Class Magistrate-II, Ernakulam to quash the proceedings.

(2.) The Central police registered crime No.1462/2016 against three persons including the petitioner and 200 identifiable persons under Secs 143, 147, 283 r/w 149 IPC . Subsequently final report was filed before the Judicial Magistrate of First Class-II, Ernakulam against five persons in which the petitioner is the 3 rd accused. The case was numbered as C.C.966/2016. Subsequently 4th accused on 30.7.2018 pleaded guilty and he was sentenced to pay fine of Rs.300/-. Thereafter the case was renumbered as C.C.1411/2018.

(3.) The prosecution case is that on 27.6.2016 at about 6 pm at Shanmugham road, Menaka Junction, petitioner/3rd accused along with four others led about 200 workers forming themselves into an unlawful assembly knowing that they are all members of the said assembly and in prosecution of the common object of the assembly caused obstruction to the general public and vehicles by conducting the procession in allegiance to the human rights protection procession led by V.M.Sudheeran KPCC president in protest of arrest of two 'dalith' girls in Thalssery, by police. Thereby petitioner and others committed offence under Secs 143, 147, 283 r/w 149 IPC .