ARJUNRAM, RAJENDRAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No.41 of 2019 for the offences under Sec.143, 341 and 353 of I.P.C. on the file of 1st respondent police. The petitioner is arrayed as 12th accused in the F.I.R.

(2.) The crux of the allegation in the F.I.R. indicates that the petitioner, being a law student, while studying in a Government Law College, Coimbatore, along with other persons have assembled and raised slogans against the Government. The nature of slogan did not found place in the F.I.R. Except the allegation that, they prevented the public servant, no details whatsoever found in the F.I.R. Hence, the F.I.R. did not contain any allegation attracting the offence as alleged, but, at the same time, when the allegation contained in the F.I.R. itself did not constitute any offence and continuing the F.I.R., which has been registered in the year 2019 without any progress, is nothing but an abuse of process of law. In fact, which lend to serious consequence in the future of the petitioner as they are students and in fact, being a student, they gathered in front of a college and protested for some rights. Therefore, when the protest ended without causing any damage mere raising protest in a democratic way, they cannot be prosecuted mechanically.

(3.) The learned Government Advocate [Criminal Side] submitted that the accused illegally assembled and caused disruption to the public, thereby he has been prosecuted.