Supreme Court Of India
(From : AIROnline 2025 AP 587)
B. V. Nagarathna,
K. V. Viswanathan
, JJ
Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings – Prima facie case – Offences u/ss 290, 341, 171F r/w s 34 IPC and S 34 of Police Act, 1861- Allegation that accused comprising of staff and students of educational institution congregated together to conduct a rally and a dharna , and raised slogans against State Govt. for not granting student fee reimbursements – Allegations did not disclose causing common injury to public or interference with public rights, voluntary obstruction to persons, undue influence at elections or impersonation at elections – No act was alleged to have been committed on a road etc that caused inconvenience, annoyance or posed a risk of danger or damage to the public , or which was an act specified u/s 34 of Police Act, 1861 – Ingredients of offences alleged against accused were not made out – Accused were exercising their fundamental rights to freedom of speech, expression and peaceful assembly – Prima facie case was not made out – Proceedings were quashed
AIROnline 2025 AP 587-ReversedAIR 1992 SC 604-FollowedAIR 1998 SC 128-Followed
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