LAWS(HPH)-2015-11-34

GOVIND THAKUR Vs. STATE OF H.P.

Decided On November 06, 2015
Govind Thakur Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE petitioner has prayed for quashing of FIR No. 90 of 2014, registered at Police Station, Manali on 28.5.2014 under Sections 341 and 143 IPC and has further prayed for quashing of the charge framed in Police Challan No. 48/14 -611/15 titled as State of H.P. vs. Govind Thakur pending in the Court of Judicial Magistrate 1st Class, Manali.

(2.) IT is pleaded that the aforesaid FIR came to be registered against the petitioner alongwith other co -accused on the allegations that on 28.5.2014 at about 12.15 p.m. they constituted an unlawful assembly near IBEX Chowk, Manali with a common object to resist the execution of the order passed by the National Green Tribunal and held agitation on the National Highway in front of Van Vihar, Manali thereby obstructing the free movement of the vehicular traffic but also the passer -byes.

(3.) THE respondents have opposed the petition by filing reply wherein it has been alleged that the petitioner alongwith approximately 1000 people formed an unlawful assembly near bus stand, Manali and marched to the gate of Van Vihar and sat on the road i.e. National Highway protested against the orders of the National Green Tribunal as well as the District Magistrate, Kullu by obstructing the vehicular traffic and public tranquility.