Amrish Kumar and Others vs State of Uttaranchal

Barin Ghosh, C.J.—The subject matter of challenge in the present Application made u/s 482 of the Code is a First Information Report filed by the Police on 8th August, 2003. In that, it was alleged that the applicants and their supporters were agitating at the local Power-house in respect of non-fulfilment of many legitimate demands of the people of locality. It was alleged that while such agitation was going on, applicants and their supporters wanted presence of the Superintending Engineer. The Superintending Engineer did not arrive at the Power-house. He also did not come around 01.45 P.M. Accordingly, applicants and their supporters got agitated and went to the highway and blocked the highway with tractors and trolleys. The highway thus remained blocked till 03.45 P.M. until when the Superintending Engineer came to the Power-house. It was alleged that having had acted in the manner, as above, applicants and their associates have committed offences, which are punishable under Sections 147 and 341 of the Indian Penal Code r/w Section 7 of the Criminal Law Amendment Act. Principally, on the ground that the contents of the First Information Report will depict that the action complained of was compelled by absence of the Superintending Engineer, the present application was filed challenging the First Information Report. It is true that the First Information Report depicts that the reason for the action complained of in the First Information Report was absence of the Superintending Engineer or his refusal to arrive at the Power-house on time, but the fact remains that because the Superintending Engineer remained absent or refused to come on time, applicants and their associates, as alleged in the First Information Report, purported to block the highway and kept the highway blocked for two hours. The allegations, thus made, in the First Information Report, though disclosed wrongful actions on the part of the applicants and their supporters but did not disclose actions on the part of the applicants and their supporters, for which one can be punished u/s 147 or u/s 341 of I.P.C. In the circumstances, the present application is disposed of by deleting those two provisions of Indian Penal Code from the First Information Report. The stay stands vacated.