MANICKAM Vs. STATE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in S.T.C.No.1722 of 2019, pending on the file of the learned Judicial Magistrate No.I, Karur, Karur District, thereby having been taken cognizance for the offences under Sections 143 and 188 of I.P.C. as against the petitioners.

(2.) The case of the prosecution is that on 22.11.2017 at about 10.10.a.m., the petitioners conducted an agitation in front of the Vaigainallur Agraharam Ration Shop and also raised slogans against the Government. Therefore, a case has been registered in Crime No.711 of 2017 for the offences punishable under Sections 143 and 188 of I.P.C.

(3.) The learned counsel appearing for the petitioners submitted that the petitioners are social activists and have been raising voice for the public cause and public welfare, whenever injustice and inaction of the government machineries. 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. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Section 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 petitioner 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 Section 143 and 188 of IPC as against the petitioners. Therefore, he sought for quashing the proceeding.