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Criminal LawSupreme Court of India

Manchu Mohan Babu v. The State of Andhra Pradesh

Criminal Appeal · 2025 INSC 916Decided 31 Jul 2025
Crl.A. No.-003298-003298 - 2025 (with Crl.A. No. 3299 of 2025)
Mrs. Justice B.V. Nagarathna · Justice K.V. Viswanathan

Background

Ahead of the 2019 Lok Sabha and Andhra Pradesh Assembly elections, the Model Code of Conduct restricted public rallies without prior permission. Manchu Mohan Babu (Chairman of Sri Vidyaniketan Educational Institutions) and his son Manchu Vishnu Vardhan Babu led a rally and dharna with staff and students in Tirupati, protesting the state government's failure to reimburse student fees. Police registered an FIR alleging public nuisance, wrongful restraint, undue influence at elections, and obstruction of roads, and a chargesheet followed; the Andhra Pradesh High Court refused to quash the case.

Decision Breakdown

The Supreme Court applied the well-established Bhajan Lal test (State of Haryana v. Bhajan Lal) for quashing criminal proceedings, asking whether, even taking the FIR and chargesheet at face value, they disclose the ingredients of the alleged offences. Examining Sections 290, 341 and 171F IPC and Section 34 of the Police Act, the Court found none of the essential ingredients were made out: there was no material showing injury or danger to the public, no voluntary obstruction of any person, no undue influence at an election, and no act falling within the specific categories listed under the Police Act provision. The Court held the appellants were merely exercising their fundamental right to freedom of speech and peaceful assembly, and that continuing the prosecution served no purpose.

Lesson Learnt

A criminal case can be quashed at the threshold if the FIR and chargesheet, even taken as wholly true, do not actually spell out every legal ingredient of the offence charged, and peaceful protest or assembly, without an actual disclosed act of obstruction or harm, is protected as an exercise of the fundamental right to free speech.

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