MUKTHIYAR AHMED Vs. STATE REP BY

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.175 of 2020 on the file of the learned Judicial Magistrate, Gudiyatam, thereby having been taken cognizance for the offences under Sections 143 , 341 and 188 of I.P.C. as against the petitioners.

(2.) The case of the prosecution is that the petitioners along with other accused were illegally assembled and protested in the public road without getting prior permission from the concerned authority against Citizenship Amendment Act enacted by the Parliament. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioners and others for the offences under Sections 143 , 341 and 188 of IPC in S.T.C.No.175 of 2020, on the file the learned Judicial Magistrate, Gudiyatam.

(3.) The learned counsel appearing for the petitioners submitted that the petitioners are a social activist and has been raising voice for the public cause and public welfare, whenever injustice and inaction of the government machineries. In order to draw the attention of the Central and State Governments, the petitioners along with several members had protested against Citizenship Amendment Act enacted by the Parliament. The learned counsel further submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and also right to freely express once view or constitutionally protected rights under Part III and their enjoyment can be only in proportional manner through a fair and non- arbitrary procedure provided in Article 19 of Constitution of India. He further submitted that it is the duty of the Government to protect the rights of freedom of speech and assemble that is so essential to a democracy. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Section 188 of IPC, unless the public servant has written order from the authority. Further he submitted that the petitioners or any other members had never involved in any unlawful assembly and there is no evidence that the petitioners or others restrained anybody. However, the officials of the respondent police had beaten the petitioners and others. When there was lot of members involved in the protest, the respondent police had registered this case, under Sections 143 , 341 and 188 of IPC as against the petitioners and others. Therefore, he sought for quashing the proceeding.