ABDUL WAHAB Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in Crime No.396 of 2017 on the file of the first respondent police for the offences under Ss. 143 and 188 of I.P.C. as against the petitioner.

(2.) The case of the prosecution is that on 14/6/2017, around 12.55 p.m., the petitioner District Secretary along with 59 men without getting prior permission from the concerned authority, unlawfully gathered and conducted a protest against the arrest of the Then acting Secretary of DMK Party M.K.Stalin, in order to curtail the same as a precaution measure an arrest has been made against the people and a case was registered against the petitioner in Crime No.396 of 2017 for the alleged offence under Sec. 143 and 188 IPC.

(3.) The learned counsel appearing for the petitioner 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 inproportional 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 Sec. 195(1) (a) of Cr.P.C, no Court can take cognizance of an offence under Sec. 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 Sec. 143 and 188 of IPC as against the petitioner and others. Therefore, he sought for quashing the proceeding.