Para 3 …..…...................... ” Leaving that aspect, the question to be examined is whether the assembly was unlawful. What could be an unlawful assembly is defined under Section 141 of the Indian Penal Code. One of the five situations covered by that section has to be satisfied to hold that the assembly consisting of more than five persons was an unlawful assembly. Other than setting forth an allegation that a meeting was organised by a group of persons blocking traffic even in the final report filed, no whisper is made that it is so done to resist the execution of any law. True, it may be possible to infer that what was done was unlawful. But something more is required to prosecute a person as a member of an unlawful assembly. Then also the fact remains that the alleged blockage was in connection with some agitation led by a group of persons and is occurred years before. Those who were arrested, it is seen, are arrayed as accused when final report was filed. As rightly contended by learned counsel in a case of this nature even if prosecution steps are continued, in which more than 200 persons are arrayed as accused, after such
