Lawstreet Journal

Mere Presence at Demonstration Sport Wouldn’t Invite Criminal Action: HP High Court Quashes FIR Against Persons Protesting at National Highway

Lawstreet Journal 19 May 2021 2:08am

Image courtesy: Lawstreet Journal Judiciary Mere Presence at Demonstration Sport Wouldn’t Invite Criminal Action: HP High Court Quashes FIR Against Persons Protesting at National Highway

The Himachal Pradesh High Court on May 11th 2021 quashed the FIR registered against two persons for being members of an unlawful assembly which allegedly blocked National Highway Shimla and caused wrongful restraint.

A single judge bench chaired by justice Anoop Chitkara quashed the FIR with the opinion that this case is one of the exceptional cases where the court should exercise its inherent jurisdiction under section 482 of Criminal Procedure Code 1973.

The court opined that all roads, be it expressways, village roads or colony roads are life lines. Under any pretext howsoever justifiable it might be, the blocking of any highway, road, street or path can neither be condoned nor forgiven or approved, however, mere presence at the spot in the demonstration would not invite criminal acts in the facts and nature of allegations made in the present a FIR.

On May 28th, 2018 an FIR was registered by the police against 11 persons including the two petitioners, after receiving information that some people were protesting at the National Highway on not getting the water supply for days. 

As reported by the police, the mob had allegedly blocked the highway which was however opened after the ADM reached the spot and was successful in persuading the protesters, and an FIR was registered under section 341 (punishment for wrongful restraint) and section 143 (punishment for being a member of an unlawful assembly) of The Indian Penal Code 1860.

The petitioners then approached the High Court seeking for the quash of the FIR on the… Continue Reading...


Tagged: Himachal Pradesh High Court  
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