The Delhi High Court has quashed an FIR under Sections 223(a) and 3(5) of the Bharatiya Nyaya Sanhita against an examination aspirant who remained at a permitted protest after its scheduled closing time.
Judge / Bench — Justice Sanjeev Narula.
The 13 October 2026 order held that the record did not link the petitioner to instigation, scuffling or obstruction. Knowledge and disobedience alone were insufficient without the harmful consequence required by Section 223(a), while common intention could not be inferred from participation in the same demonstration. The quashing applies only to the petitioner.
Advocates appearing — For the petitioner — Gaurav Arya, Naveen Bamel, Harsh Goyal and Manav Trivedi. For the State — Amol Sinha, ASC (Criminal), with Kshitiz Garg, Ashvini Kumar, Nitish Dhawan and Anshul Sharma.