RAMASAMY Vs. STATE

JUDGEMENT

(1.) POLICE filed a charge -sheet in C.C. No. 119 of 1990 on the file of the learned Judicial Magistrate No. l, Sivaganga, against the Petitioners herein, for an offence under Sections 143, 188 of the Indian Penal Code read with Section 7(1)(a) of the Criminal Law Amendment Act. The case of the prosecution is that despite the existence of a prohibitory order passed under Section 30 of the Indian Police Act, which Act the prosecution claims to be in force, they committed the above offence. According to the Petitioners, they applied for permission to observe fast in front of the office of the District Collector, Sivaganga, demanding the Government of Tamil Nadu to change the name of Maraimalainagar Railway Station as that of Kamaraj Nagar Railway Station. The Petitioners and other volunteers gathered in order to participate in the fast. At that point of time, they were arrested and subsequently released at the Police Station. The Respondent Police filed a charge sheet on the ground that they formed themselves into an unlawful assembly and committed the offences. Mere presence of the Petitioners in front of a railway station, without resorting to any violence or criminal force could not constitute an offence under Section 143, of the Indian Penal Code. There is nothing like Indian Police Act and according to the Petitioners, the prohibitory order passed under Section 30 of such an Act is absolute and void. When once the order passed is not a valid order that too a nonexisting statute, complying the provisions of such order is something strange. After all, the Petitioners are demanding change of name of a railway station in the name of a National Leader and there is nothing like unlawful assembly or using criminal force. Having regard to the circumstances of this case, I see no justification to continue the proceedings and the continuance amounts to abuse of process of Court. Accordingly, the petition is allowed and the proceedings are quashed.