Nagpur. In a big relief to a person who raised his voice against the poor condition of roads, the Nagpur bench of the Bombay High Court has quashed the FIR, charge sheet and criminal proceedings registered against him. The court remarked that if criminal trials started being used to suppress peaceful movements, it would be a sad day for democracy.
Justice M.W. Chandwani made it clear in the decision given on October 29 that citizens have the constitutional right to assemble peacefully and without weapons and register their protest. As long as protesters do not resort to violence, take the law into their own hands, or damage public or private property, movements based on the democratic process should not be suppressed through criminal prosecution.
There was a demonstration against the poor condition of the road
The matter is of Nandgaon village in Chandrapur district of Maharashtra. In January 2026, a pickup vehicle met with an accident due to bad road conditions. The people traveling in the vehicle were injured in the accident. After the incident, local residents gathered at the spot and started demanding action against the Public Works Department (PWD) officials and the contractor regarding the quality of the road.
Police alleged that the protesters tried to stop traffic by tying ropes on the road and gathered the crowd illegally. In the same case, a case was registered against some people including 26-year-old Nimgade Nimgade.
High Court found important shortcomings in the investigation
Conclusion Nimgade had approached the High Court to get the FIR and charge sheet registered against him canceled. The court, while examining the case documents, found that the statement of any pedestrian who was stopped by the protesters was not recorded. It was also not made clear as to which person's path was obstructed.
The court said that mere presence at a demonstration is not in itself proof of being a member of an unlawful assembly. The prosecution is required to show that the persons concerned had a common intention to commit an offense under the law. Demanding action against road conditions is not in itself an illegal activity.
Right to peaceful demonstration under Article 19(1)(b)
Referring to Article 19(1)(b) of the Constitution, the High Court said that citizens have the fundamental right to assemble peacefully and without weapons. Although reasonable restrictions may be imposed on this right, it should not be diluted on the basis of vague allegations.
The court said that the line between the constitutional right to protest and the barrage of criminal cases should not be blurred. If such thinking is promoted, it will be a sad day for democracy.
FIR and chargesheet canceled
The Court concluded that on the basis of the material available, the essential legal elements of the allegations leveled against the petitioner were not proved. Therefore, continuation of the criminal case against him would be an abuse of the judicial process.
Conclusion The High Court quashed the FIR, charge sheet and criminal proceedings pending in the lower court in relation to Nimgade. This relief has been given only to the petitioner.