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Judgment
Anil Sharma, J.—Petitioners have filed this petition u/s 482 of Cr.P.C. for quashing the FIR to the extent of petitioners registered at Crime No. 883/2008 at police station Dabra, District Gwalior (MP) for the offence punishable u/s 341/147 IPC against the petitioners along with other persons for allegedly causing Chakajaam for arresting the persons who had damaged statue of Dr. Ambedkar. For the offence punishable u/s 341 IPC it is necessary that there must be specific allegation that somebody was restrained from moving in a particular direction where he wanted to go. Further for section 147 IPC, the action of the accused must be riotous. There is no evidence that any person wanted to go from the place where Chakajaam was organized and he could not go due to Chakajaam. There is no evidence that the persons whose number have been mentioned near about 500 were doing any riotous act or threatened that if anybody tried to move, he will have to face dire consequences. Merely making demand for arresting the accused persons does not amount to riot or gathering for making demand does not make wrongly restraint until and unless some individual has been restrained by the accused.
Necessary pre-condition for wrongful restraint is that person concerned must have right to proceed and he should have been restrained from moving in that direction but there is no such evidence against the petitioners. Further, protest on the ground that feelings of a particular section/group have been hurt by an act or by some crime and demanding for arrest does not amount to come within definition of restraint of person, therefore, there is no ground for proceedings against the petitioners for the offence punishable u/s 341/147 IPC.
Therefore, the petition is allowed and the FIR registered at Crime No. 883/08 at police station Dabra, District Gwalior for the offence u/s 341/147 IPC and further proceedings in consequent thereof are hereby quashed to the extent of the petitioners. A copy this order be sent to the trial court for information and compliance.
C C as per rules.