SARAVANAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.1481 of 2018 on the file of the Judicial Magistrate Court No.II, Sivakasi.

(2.) The case of the prosecution is that the petitioners herein are the members of the one political party and on 14.06.2017, they have conducted a demonstration at near ESI Hospital as against the arrest of their leader, without getting any prior permission. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioners and others for the offences under Sections 143 and 188 IPC in S.T.C.No.1481 of 2018 on the file of the Judicial Magistrate Court No.II,Sivakasi.

(3.) The learned counsel appearing for the petitioners submitted 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.