Constitution Of India, 1950 — Article 226 — Criminal Procedure Code, 1973 — Section 482 — Indian Penal Code, 1860 — Sections 143, 145, 147, 341, 186, 353, 120-B Read With Section 149 — FIR And Charge Sheet Quashed — No Prima Facie Case Made Out Against Petitioners — Right To Peaceful Protest Upheld

Mere Presence In An Assembly Without Unlawful Object Or Criminal Conduct Does Not Constitute An Offence — Criminal Prosecution Must Not Be Used To Stifle Democratic Protests — Article 19(1)(b) Must Be Protected From Vague And Unsubstantiated Charges (Paras 16–17)

High Court Quashed FIR And Charge Sheet, Holding That Allegations Did Not Disclose Prima Facie Offences And That Petitioners' Presence In A Crowd Was Not Sufficient To Establish Criminal Liability (Paras 14–18)

Acts And Sections Discussed:

1. Constitution Of India, 1950 — Article 19(1)(b) — Guaranteed The Right To Assemble Peaceably And Without Arms

2. Constitution Of India, 1950 — Article 226 — Writ Jurisdiction Of High Courts

3. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent Powers Of The High Court

4. Indian Penal Code, 1860 (IPC) — Sections 143, 145, 147, 341, 186, 353, 120-B Read With Section 149 — Alleged Unlawful Assembly, Wrongful Restraint, Obstructing Public Servant In Discharge Of Duty, Criminal Conspiracy

Subjects:

FIR Quashing — Charge Sheet Quashing — Right To Peaceful Assembly — No Prima Facie Evidence — Absence Of Unlawful Object — Democratic Process — Abuse Of Judicial Process — Freedom Of Speech — Public Protest — Lack Of Material Allegations

Nature Of The Litigation: Criminal Writ Petition Seeking Quashing Of FIR And Charge Sheet

Relief Sought: Quashing Of FIR No. 2/2021 And Charge Sheet No. 96/2023 Filed Before JMFC, Valpoi

Reason For Filing The Case: Petitioners Alleged That FIR And Charge Sheet Did Not Disclose Prima Facie Commission Of Any Offence

Prior Decisions: No Conviction Or Adverse Order Passed Prior To This Judgment

Issues:

Whether Allegations In FIR And Charge Sheet, Even If Accepted At Face Value, Disclosed Commission Of Any Offence

Submissions/Arguments:

a. Petitioners Argued That Presence In A Peaceful Assembly Does Not Constitute An Offence Without Unlawful Object Or Violent Conduct (Para 4) b. Respondents Contended That Petitioners Were Part Of A Mob Threatening Government Property And Staff (Para 5)