Order : FARJAND ALI, J. 1. The petitioners in both the petitions have challenged a single order dated 22.05.2019 passed by the Learned Additional Judicial Magistrate, Banswara in FR No. 113/2009 Kotwali, District Banswara, whereby cognizance has been taken against respondents under Sections 143,448 and 504 of IPC. The complainant is aggrieved on the ground that some of the alleged offences have not been taken into consideration, and certain individuals have been exonerated despite the availability of sufficient material against them. On the other hand, the accused persons, against whom process has been issued, have assailed the order on the ground that no prima facie case is made out to proceed against them. With the consent of both parties, the matters were heard together and are being decided by this common order. 2. Briefly stating the facts of the case are that the complainant filed an FIR under Section 156(3) Cr.P.C., alleging that on 27.04.2009, the accused persons unlawfully entered the premises, held a meeting at Raj Rajeshwar Mandir, and threatened the petitioner by raising slogans and blocking access to his property. The police after investigation filed a negative final report, which the petitioner contested, leading the trial court to take cognizance under Sections 143, 448, and 504 of the IPC. The petitioner aggrieved by that order has now filed the instant criminal miscellaneous petition. 3. Learned counsel for the petitioner has submitted that the impugned order passed by the learned trial court is erroneous, vexatious, and based on conjecture and surmise, warranting its quashing and setting aside. He further submits that the FIR clearly states that on the date of the incident, the accused persons forcefully entered the petitioner’s property without his permission, thereby constituting criminal trespass under Section 447 IPC. Furthermore, despite being informed of the fixed schedule for temple visits, the accused unlawfully used criminal force, caused hurt, and wrongfully restrained the petitioner and his staff, attracting offences under Sections 323 and 342 IPC. Additionally, the accused respondents unlawfully assembled within the petitioner’s premises with a common object to commit force and violence, thereby necessitating the invocation of Sections 146 and 147 IPC. Moreover, the unlawful assembly was organized with the intent to threaten and intimidate the petitioner into surrendering possession of the temples, which amounts to an offence under Section 384 IPC. Additionally, the accused respondents unlawfully assembled within the petitioner’s premises with a common object to commit force and violence, thereby necessitating the invocation of Sections 146 and 147 IPC. Moreover, the unlawful assembly was organized with the intent to threaten and intimidate the petitioner into surrendering possession of the temples, which amounts to an offence under Section 384 IPC. However, the learned trial court failed to consider these crucial aspects while taking cognizance, leading to an unjust and incomplete order. Therefore, the petitioner prays for the necessary correction of this legal oversight by quashing the impugned order and directing cognizance to be taken for all relevant offences. 4. Heard learned counsels for the parties and learned Public Prosecutor for the State and perused the Final Report and material available on record. 5. After perusing the material available on record, it is evident that the dispute raised by the petitioner in this case is of a civil nature, and the determination of rights concerning the land in question falls under the jurisdiction of the competent civil court. The petitioner has alleged that one of the accused, Bhavani Joshi, who is also the petitioner in [S.B. Criminal Misc. Petition 358/2022], delivered a speech and raised slogans against the complainant. However, this Court is of the opinion that delivering a speech or raising slogans does not constitute an offense under IPC and therefore cannot be held liable for the offences mentioned above. EVERY ASSEMBLY IS NOT AN UNLAWFUL ASSEMBLY VIS-À- VIS RIGHT TO ASSEMBLE UNDER ARTICLE 19(1)(b) 6. This Court is of the view that not every assembly can be deemed an unlawful assembly and in a democratic country like India, the right to free speech and expression is a fundamental right enshrined in the Constitution, allowing individuals to express their opinions on any matter through any medium. Article 19(1) (b) of the Constitution guarantees the right to assemble peacefully without arms, provided such gatherings do not involve violence, threats, or actions that disrupt public order. On the other hand, Section 141 of the IPC defines an unlawful assembly as a gathering of five or more persons with a common object to commit an unlawful or wrongful act. However, not all assemblies meet this criterion. For instance, a legislative assembly is also a form of gathering, but it is not unlawful merely because people have come together for a common cause. However, not all assemblies meet this criterion. For instance, a legislative assembly is also a form of gathering, but it is not unlawful merely because people have come together for a common cause. In the present case, although the accused persons assembled, raised slogans, and delivered speeches, this does not automatically establish that they had a common unlawful objective. Moreover, there is no evidence of violence or threats that could have disturbed public peace and order. Therefore, this Court firmly holds that the dispute in question remains a civil matter, and the allegations made do not constitute a criminal offense. 7. In view of the above discussion, S.B. Criminal Misc. Petition No. 6338/2022 is dismissed and S.B. Criminal Misc. Petition No. 358/2022 is hereby allowed as the allegations levelled against the accused persons are not found to be proved. Furthermore, the Final Report submitted by the police does not reveal any evidence to establish the offence of unlawful assembly. The order dated 22.05.2019 passed by Learned Additional Judicial Magistrate, Banswara is set aside. 8. The stay petitions stands disposed of.