ABDUL WAHAB Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in FIR in Crime No.50 of 2018 on the file of the Palayamkottai Police Station, Tirunelveli City, Tirunelveli District as against the petitioners.

(2.) The case of the prosecution is that on 29/1/2018 around 10.15 pm, the petitioners along with others, without permission conducted a protest against the increase in the price of the bus fare, as a precautionary measure, arrest made against the violators and a case was registered against the petitioners in Crime No.50 of 2018 for the alleged offence under Sec. 143 and 188 of IPC.

(3.) The learned counsel appearing for the petitioners submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and right to freely express once view are constitutionally protected rights under Part III and their enjoyment can be restricted only in proportional manner through a fair and non- arbitrary procedure provided in Article 19 of Constitution of India.