MOHAMMED GOWSH Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in Cr.No.125 of 2020 on the file of the respondent herein.

(2.) The case of the prosecution is that the petitioner and 103 other persons were protested in the public road without any prior permission against the Citizenship Amendment Act enacted by the Parliament. On the basis of the above said allegation, the respondent police registered the case against the petitioner and others for the offences under Sections 143 , 341 and 188 of IPC in Cr.No.125 of 2020 on the file of the respondent herein.

(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. 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. 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 as against the petitioner and others. Therefore, he sought for quashing the proceeding.