In a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to seek directions for quashing proceedings before the Judicial Magistrate I, Coimbatore, a Single Judge Bench of Justice N. Sathish Kumar held that the offence of unlawful assembly was not made out only because some people gathered to watch a religious ceremony.
In the present matter, it was alleged that by installing an LED screen in front of the Kamarajapuram Ram Temple Bhajanai Math to telecast live footage of the Ayodhya Ram Mandir Ceremony, the accused caused a traffic jam and disturbed the public. Hence, a complaint was registered before the police under Sections 143, 341, and 290 of the Indian Penal Code, 1908. A chargesheet was filed against the petitioners, and the Judicial Magistrate took cognizance of the same.
The Court said that it is common that when different religious functions are conducted, certain groups have grievances, and merely because a few people had gathered to watch the ceremony, it could not be called an unlawful assembly. The Court also held that there was no public nuisance and that the prosecution could not be sustained on the complaint alone.
Further, the Court said that the Court should go slow while exercising power under Section 528 of BNSS, and if the materials collected by the prosecution do not constitute any offense, directing the parties to undergo trial would be futile.
It was said that the materials collected by the prosecution did not show that the accused had used any criminal force to commit mischief, crime, or any other offence. The Court noted that even the First Information Report did not make out a case of unlawful assembly, hence, it was held that the offence under Section 143 of the IPC was not attracted.
Thus, the petition was allowed, and the proceedings before the Judicial Magistrate were quashed.
Appearances:
For Petitioner(s) – Ms. B. Sruthi, Ms. A. Jagadeeswari
For Respondent – Mr. R. Vinothraja, Public Prosecutor (Coimbatore City)
