KALEEL Vs. SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.r.No.887 of 2019 on the file of the Vellore North Police Station, Vellore, thereby having been taken cognizance for the offences under Sections 143 and 188 of I.P.C. as against the petitioner.

(2.) The case of the prosecution is that on 10.12.2019, the petitioner along with other accused staged protest towards the public road without getting prior permission from the concerned authority. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioner and others for the offences under Sections 143 and 188 of IPC in Cr.No.887 of 2019, on the file the Vellore North Police Station, Vellore.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner is 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 petitioner along with several members had protested towards the public road. 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 petitioner or any other members had never involved in any unlawful assembly and there is no evidence that the petitioner or others restrained anybody. However, the officials of the respondent police had beaten the petitioner and others. When there was lot of members involved in the protest, the respondent police had registered this case, under Section 143 and 188 of IPC as against the petitioner and others. Therefore, he sought for quashing the proceeding.