2012, pertains to Chitra Pournami celebration day May – 2017 and a case in Crime No.177 of 2013, pertains to Chitra Pournami celebration day April – 2013. It is an admitted case that for the celebrations, permission given by the Superintendent of Police of the District. It is highly improbable, had disturbance and violation happened in the year 2012, for the next year, again permission would not have been granted. In both the cases, except the official witnesses and employees of Archeological Department, no public examined as witness to show that there was disturbance to the public peace and movement. The observation Mahazar witnesses are fruit and pushcart vendors. All the witnesses are obliging witnesses to the Police. There is no material to show any damage caused to any of the monuments or public property. Further, there is no recordings to show that trashes and used articles were left over the place. Chitra Pournami festival is an important festival, an occasion for the political leader of the party to meet their cadres and youth, which is an voluntary assembly and the same cannot be termed as an unlawful assembly, creating any riot or obstacle to the public. Even the loud speakers not seized in this case. It is an admitted case that there was a large gathering. In view of the same, by picking, selecting and registering the cases against the petitioners not proper, which is nothing but abuse of process of law.
