OMPRAKASH GOVINDSAHAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) By this application filed under Sec. 482 of the Code of Criminal Procedure, the applicants seek quashing of the proceeding of Regular Criminal Case No. 248 of 2020 pending before the learned Chief Judicial Magistrate, Gondia, registered on the basis of charge-sheet no. 88 of 2020 at Gondia City, Police Station for the offences under Ss. 143, 149, 188, 283, 291, 341 and 353 of the Indian Penal Code and Sec. 135 of Maharashtra Police Act, 1951.

(3.) In the First Information Report lodged against the applicants it is alleged that on 3/8/2019 a public meeting i.e. Mahajanadesh Yatra was held at Indira Gandhi Stadium, Gondia which was attended by the Hon'ble Chief Minister of State of Maharashtra. At that time, while Hon'ble Chief Minister was on the way to the venue of the meeting, the convener of General Class Organizing Committee and Save Merit Save Nation Committee, Gondia and its President applicant no.1 and its members other applicants gathered an illegal congregation or formed an unlawful assembly from Jaistambh to Nehru Chowk and stood road side forming a human chain, wearing aprons on which various slogans written, they were also holding banners in their hands. They were shouting slogans and clapping to protest the issue of reservation. Police Inspector Umesh Patil by issuing notice under Sec. 149 of the Code of Criminal Procedure on 1/8/2019 called upon applicants and prevented them from protesting and disturbing the law and order. At the time of arrival of Hon'ble Chief Minister there were around 60 to 65 persons who had allegedly gathered a gang on the street at Nehru Chowk, Gondia and blocked the convoy of the Hon'ble Chief Minister by creating a road block and also endangered the life of people.