R. VILVANATHAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in C.C.No.5230 of 2018, pending on the file of the learned XIV Metropolitan Magistrate Egmore, thereby having been taken cognizance for the offences under Sections Sections 143, 353 of IPC r/w Section 41 of Tamilnadu City Police Act, 1888 r/w Section 7(1) A of Criminal Law Amendment Act, 2005 as against the petitioners whereas, initially, the petitioners have been filed under Sections 143,188,353 of I.P.C in Crime No.72 of 2018 on the file of the The Sub Inspector of Police, F-1, Chintadripet Police Station.

(2.) The case of the prosecution is that on 20.03.2018, around 10.30 a.m., the petitioners/accused staged protest raising slogans as against the Central government and State Government near Periyar Statue on Anna Salai, which is under the jurisdiction of F1, Chindatripet Police Station, for having permitted to conduct Radha-Yatra from Kerala to Tamilnadu belonging to the party of Viswa Hindu Parishad, without getting prior permission from the concerned authority. On the basis of the above said allegation, the respondent police registered the complaint initially, under Sections 143,188,353 of I.P.C in Crime No.72 of 2018 and filed a charge sheet against the petitioners for the offences under Sections 143, 353 of IPC. r/w Section 41 of Tamilnadu City Police Act, 1888 r/w Section 7(1) A of Criminal Law Amendment Act, 2005 in C.C.No.5230 of 2018, on the file the learned Judicial Magistrate No.XIV Metropolitan Magistrate Egmore.

(3.) The learned counsel appearing for the petitioners submitted that in order to draw the attention of the Central and State Governments, the petitioners had protested against Radha-Yatra to be conducted by Vishwa Hindu Parishad Party from Kerala to Tamilnadu. 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. 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. Further he submitted that the petitioners had never involved in any unlawful assembly and there is no evidence that the petitioners restrained anybody. However, the officials of the respondent police had beaten the petitioners. When there was lot of members involved in the protest, the respondent police had registered this case initially, under Sections 143, 188 and 353 of IPC in Crime No.72 of 2018 and the Charge sheet has been filed under Sections 143, 353 of IPC. r/w Section 41 of Tamilnadu City Police Act, 1888 r/w Section 7(1) A of Criminal Law Amendment Act, 2005 in C.C. No.5230 of 2018 as against the petitioners. Therefore, he sought for quashing the proceeding.