GOUSH Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in Cr.No.112 of 2020 on the file of the respondent police for the offences under Sections 143 , 341 and 188 of I.P.C. against the petitioner.

(2.) The case of the prosecution is that the Petitioner and some others were illegally assembled and protested in the public road without any prior permission against atrocities unleashed upon the protester by the Washermenpet Police. On the basis of the above said allegation, the respondent police registered the complaint in Cr.No.112 of 2020 dated 15.02.2020 for an offence under Sections 143 , 341 and 188 of IPC and the same is pending for filing of charge sheet.

(3.) The learned counsel appearing for the petitioner submitted in FIR neither reveal any specific role of the Petitioner nor attract any offence punishable under section 143 , 341 and 188 of IPC against the Petitioner. Further, the registration of said FIR is also in violation of the Petitioner fundamental rights guaranteed under Article 14 , 19 , 20(1) and 21 of Indian Constitution. 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 , 341 and 188 of IPC against the petitioner and others. Therefore, he sought for quashing the proceeding.