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Judgment
Shivappa, J.—Police filed a charge-sheet in C.C. No. 119 of 1990 on the file of the learned Judicial Magistrate No. l, Sivaganga, against
the Petitioners herein, for an offence under Sections 143, 188 of the Indian Penal Code read with Section 7(1)(a) of the Criminal Law Amendment
Act. The case of the prosecution is that despite the existence of a prohibitory order passed u/s 30 of the Indian Police Act, which Act the
prosecution claims to be in force, they committed the above offence. According to the Petitioners, they applied for permission to observe fast in
front of the office of the District Collector, Sivaganga, demanding the Government of Tamil Nadu to change the name of Maraimalainagar Railway
Station as that of Kamaraj Nagar Railway Station. The Petitioners and other volunteers gathered in order to participate in the fast. At that point of
time, they were arrested and subsequently released at the Police Station. The Respondent Police filed a charge sheet on the ground that they
formed themselves into an unlawful assembly and committed the offences. Mere presence of the Petitioners in front of a railway station, without
resorting to any violence or criminal force could not constitute an offence u/s 143, of the Indian Penal Code. There is nothing like Indian Police Act
and according to the Petitioners, the prohibitory order passed u/s 30 of such an Act is absolute and void. When once the order passed is not a
valid order that too a nonexisting statute, complying the provisions of such order is something strange. After all, the Petitioners are demanding
change of name of a railway station in the name of a National Leader and there is nothing like unlawful assembly or using criminal force. Having
regard to the circumstances of this case, I see no justification to continue the proceedings and the continuance amounts to abuse of process of
Court. Accordingly, the petition is allowed and the proceedings are quashed.