Karnataka HC Quashes Proceedings Against 20 SDPI Leaders Over CM Convoy Protest, Finding No Charge-Sheet Material Showing Obstruction or Force

In brief

The question

Whether the complaint and charge-sheet materials disclosed the ingredients of the offences charged against the petitioners

The court held

The Court allowed the petition and quashed the proceedings against petitioners/accused Nos. 1 to 20 in C.C. No. 388/2023, arising from Crime No. 27/2022, for offences under Sections 143, 147, 341, 353 and 290 read with Section 149 of the IPC.

01Facts

The petitioners, alleged leaders of the SDPI, were among a group said to have gathered near Valachil Junction on 13 April 2022, while the then Chief Minister’s convoy was passing, to protest and demand the resignation of a State Minister.

¶ 1–2 · pp. 7–9

The police alleged that the group raised slogans and obstructed the convoy.

¶ 1–2 · pp. 7–9

Following a suo motu complaint by the police Sub-Inspector on bandobasth duty, the police registered a case and later filed a charge sheet against the petitioners under Sections 143, 147, 341, 353 and 290 read with Section 149 of the Indian Penal Code (IPC).

¶ 1–2 · pp. 7–9

The Magistrate took cognizance, and the petitioners sought to quash the proceedings under Section 482 of the Code of Criminal Procedure (CrPC).

¶ 1–2 · pp. 7–9

02Issues

i.Whether the complaint and charge-sheet materials disclosed the ingredients of the offences charged against the petitioners

¶ 4, 7–8 · pp. 9–12

ii.Whether continuing the prosecution for the alleged protest would amount to an abuse of the process of court, having regard to the petitioners’ asserted right to peaceful protest

¶ 8 · pp. 11–12

03Law Applied

The Court considered Section 482 of the CrPC, which empowers the High Court to quash criminal proceedings to prevent abuse of the process of court, and Sections 143, 147, 341, 353 and 290 read with Section 149 of the IPC, under which the petitioners were charged.

¶ 4, 7–8 · pp. 9–12

It also considered Article 19 of the Constitution, recognising the right to conduct a peaceful protest.

¶ 4, 7–8 · pp. 9–12

The Court’s stated approach was that proceedings should not continue where, even accepting the charge-sheet allegations at face value, the necessary ingredients of the alleged offences are absent.

¶ 4, 7–8 · pp. 9–12

Provisions in the judgment · 7 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Indian Penal Code, 1860 Section 143 Section 147 Section 341 Section 353 Section 290 Section 149

04Reasoning

On reviewing the complaint and charge-sheet materials, the Court found no material showing that the petitioners obstructed the Chief Minister’s convoy or used, or attempted to use, criminal force to deter a public servant from performing official duties.

¶ 7–8 · pp. 10–12

Nor was any specific act of mischief attributed to them.

¶ 7–8 · pp. 10–12

The witness statements, including those of eyewitnesses, indicated only that the petitioners stood by the roadside and displayed flags while attempting to stage a protest.

¶ 7–8 · pp. 10–12

The Court held that this conduct, on the material presented, did not make out the charged offences; continuing the prosecution would therefore abuse the process of court.

¶ 7–8 · pp. 10–12

It also considered the peaceful-protest aspect under Article 19.

¶ 7–8 · pp. 10–12