45. Upon considering the statements of the witnesses and applying the principles laid down by the Hon’ble Supreme Court in the above-quoted Judgments pertaining to the scope of Sections 227 and 228 of Cr.P.C., this Court finds that there is sufficient prima facie material to hold that the Applicants deserve to face trial and that the material placed on record accepted as it is, does make out a prima facie case regarding presence of the Applicants as part of the unlawful assembly. A perusal of the statement of the witnesses shows that the built-up to the incident is described in detail, undoubtedly indicating that initially when the assembly of persons started gathering, it appeared to be an assembly seeking certain demands for redressal of grievances. In the absence of any order under Section 144 of Cr.P.C., such assembly of persons could not be labelled as an unlawful assembly. In this context, the learned Senior Counsel appearing for the Applicants are justified in referring to the judgment of the Hon’ble Supreme Court in the case of Ramlila Maidan Incident, In Re (supra), emphasising upon the rights of the citizens under Article 19(1)(a) and (b) of the Constitution of India, to hold such public meetings, morchas, rallies and demonstrations to agitate peacefully in respect of their grievance. But, in the present case, there is sufficient material on record to indicate that the said assembly of persons transformed into an unlawful assembly as defined under Section 141 of the IPC. The statements of witnesses trace the timeline to indicate as to how the assembly of persons transformed into an unlawful assembly, pursuant to the speeches given by the Accused no.1 and other
