Penal Code, 1860–Secs. 141 [Corresponding Sec. 189(1) of BNS, 2023]–Scope for constitution of offence–Although the accused-persons assembled, raised slogans and delivered speeches, this does not automatically establish that they had a common unlawful objective–There is no evidence of violative or threats that could have disturbed the public peace and order–Every assembly cannot be deemed an unlawful assembly in a democratic country like India–Impugned order of taking cognizance is liable to be quashed and set aside.
