AIROnline 2025 SC 682

Supreme Court Of India

(From : AIROnline 2025 AP 587)

Hon'ble Judge(s): 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 (Para 18 19 20 21) .....