Code of Criminal Procedure, 1973–Sec. 321 [Corresponding Sec. 360 of BNSS, 2023]–Withdrawal of prosecution–Permission for–Agitation was initiated in the interest of the public at large and the accused-respondents were only raising demands for the benefit of the public at large on the issues relating to water scarcity and demand of justice from the administration for taking action against the guilty accused–The right of peaceful assembly and protest is fundamental in the democracy and restrictions to the same are only applicable when public order is disturbed–There was no personal interest of the accused-respondents in initiating the public agitation and they were simply raising reasonable demands in the interest of public at large–There was no specific allegation against the respondents in the charge-sheet with regard to disturbance of public order–Permission deserves to be allowed.
