THIRUMARAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.2567 of 2019, on the file of Judicial Magistrate -II, Srivilliputur, 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 23.06.2018, around 12.35 p.m., the petitioners along with other accused without getting prior permission from the concerned authority, unlawfully gathered in front of the Coronation Hotel, Virudhunagar Town, presided by the first accused and caused disturbance to the traffic by blocking the road for the reason that their party president was arrested, while he attempted to siege the Raj Bhavan at Chennai. On the basis of the above said allegation, the respondent police registered the complaint and filed against the petitioner and others for the offence punishable under Sections 143 and 188 of IPC, in S.T.C.No. 2059 of 2019, on the file the learned Judicial Magistrate No.II, Virudhunagar.

(3.) The learned counsel appearing for the petitioners 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 petitioners 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 and others. Therefore, he sought for quashing the proceeding.