Can the conviction of road transport operators for alleged undermining of public order be quashed in a revision petition before the Punjab and Haryana High Court?

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Suppose a collective of road‑transport operators stages a demonstration on a busy arterial road to protest a newly announced state policy that would impose heavy licensing fees on independent carriers, and during the march the participants chant a series of satirical verses that mock the transport minister and the chief minister, using language that the police describe as “vulgar” and “offensive to public decency.” The police intervene, disperse the crowd, and register an FIR alleging that the participants, by uttering those verses in a public place, have “undermined public order and decency” under the State Security Act. The investigating agency files a charge sheet, and the accused are taken into custody, later produced before a First‑Class Magistrate who frames the charge under the provision that penalises speech which “undermines public order, decency or morality.” The magistrate convicts the accused and imposes a term of rigorous imprisonment, a decision that is affirmed by the Sessions Court.

The prosecution’s case rests almost entirely on the testimony of a senior police officer who claims that several by‑standers expressed irritation at the verses and that, had the police not intervened, a scuffle might have erupted. Two civilian witnesses, identified as members of a local civic committee, also testify that the verses were “obscene” and “disruptive.” No medical report, no police log of any actual disturbance, and no evidence of a breach of peace are produced. The defence points out that the crowd remained orderly, that no stone‑throwing or shouting of violence occurred, and that the only reaction was a few verbal complaints recorded after the fact.

The core legal problem, therefore, is whether the mere utterance of satirical, indecent verses in a public procession, without any demonstrable disturbance of peace or incitement to violence, can satisfy the statutory requirement of “undermining public order or decency” under the State Security Act. The statute is clear that a conviction requires proof that the speech caused or was likely to cause a specific adverse consequence enumerated in the provision, not merely that it was offensive or vulgar. The accused contend that the prosecution has failed to meet this threshold, and that the conviction rests on an erroneous expansion of the statutory language.

While the accused can raise the factual defence that no disorder occurred, that argument alone does not overturn a conviction that has already been recorded by a lower court. The conviction is a final order of the Sessions Court, and the accused are already serving the sentence. At this procedural stage, the remedy must come from a higher forum that has the authority to review the correctness of the lower court’s findings, assess the adequacy of the evidence, and determine whether the legal test has been properly applied. Consequently, the appropriate recourse is not a fresh trial but a revision of the conviction and sentence.

Under the Criminal Procedure Code, a revision petition may be filed before the High Court against any order of a Sessions Court that is alleged to be erroneous or illegal. The Punjab and Haryana High Court possesses jurisdiction to entertain such a petition, to examine whether the Sessions Court erred in law or in the appreciation of evidence, and to grant appropriate relief, including quashing of the conviction. The accused therefore file a criminal revision petition, seeking the High Court’s intervention to set aside the conviction and to direct their immediate release.

The specific relief sought in the revision petition is twofold: first, a declaration that the conviction under the State Security Act is unsustainable because the prosecution failed to prove any actual disturbance of public order or decency; second, an order quashing the conviction and the accompanying sentence, thereby restoring the accused to liberty and expunging the criminal record. The petition also requests that the High Court direct the investigating agency to withdraw the FIR, as the allegations do not meet the statutory threshold for a cognizable offence.

A lawyer in Punjab and Haryana High Court prepares the revision petition, meticulously citing precedents that require concrete proof of public disorder before invoking the security provision. The counsel argues that the prosecution’s reliance on speculative “potential” disturbance is insufficient, and that the evidence on record does not satisfy the statutory test. By framing the argument within the High Court’s jurisdiction to correct errors of law, the petition positions the remedy squarely before the appropriate forum.

From an evidentiary standpoint, the revision petition highlights the absence of any police log documenting a breach of peace, the lack of medical or forensic evidence of injuries, and the fact that the civilian witnesses were members of a committee closely associated with the police, raising questions about their impartiality. The petition further points out that the initial police report, filed immediately after the incident, makes no mention of any crowd agitation, and that the alleged “annoyance” was recorded only after the police had already framed the FIR.

The legal principle underpinning the petition is that a provision penalising speech for “undermining public order or decency” must be interpreted narrowly, requiring proof of a tangible adverse effect, not merely the presence of offensive language. This principle has been affirmed in several judgments, which hold that the legislature intended to curb speech that threatens peace, not speech that merely offends sensibilities. Accordingly, the High Court is urged to apply this interpretative rule and to scrutinise whether the lower court’s conviction aligns with the statutory intent.

Anticipating the prosecution’s counter‑argument that the State’s interest in maintaining public order justifies a broader reading of the provision, the petition contends that such a reading would render the provision unconstitutional as it would criminalise speech without a clear nexus to actual disorder. The High Court, therefore, has the authority to strike down an over‑broad application of the law and to protect the fundamental right to freedom of expression, subject only to reasonable restrictions that are demonstrably necessary.

In sum, the fictional scenario mirrors the essential legal contours of the analysed judgment: a conviction based on alleged speech that did not demonstrably undermine public order, and a procedural posture that calls for a revision before the Punjab and Haryana High Court. By filing a criminal revision petition, the accused seek the High Court’s power to quash the conviction, set aside the sentence, and restore their liberty, thereby ensuring that the statutory provision is applied only when its stringent conditions are truly satisfied.

Question: Does the conviction of the road‑transport operators for “undermining public order or decency” survive a scrutiny of the evidentiary record, given that no breach of peace, medical injury or police log of disturbance was produced?

Answer: The factual matrix shows that the prosecution’s case hinged almost entirely on the testimony of a senior police officer and two civilian witnesses who described the verses as “obscene” and “disruptive.” Crucially, the record contains no police diary entry documenting a riot, no medical certificate of injuries, and no contemporaneous report of a crowd turning violent. The defence consistently argued that the procession remained orderly, that only a few verbal complaints were lodged after the police had already dispersed the crowd, and that no stone‑throwing or shouting of violence occurred. Under the principles governing offences that punish speech only when it causes a concrete adverse effect, the prosecution must establish a causal link between the utterances and a tangible disturbance of public order or a breach of decency that the statute intends to protect. The absence of any documentary or forensic corroboration weakens the prosecution’s claim that the verses caused or were likely to cause a specific adverse consequence. A court reviewing the conviction must therefore assess whether the subjective annoyance of a few by‑standers satisfies the statutory threshold. In analogous jurisprudence, courts have held that mere offensiveness, without a demonstrable disturbance, does not meet the requirement of “undermining public order.” Consequently, the conviction is vulnerable to being set aside on the ground that the evidence fails to prove the essential element of actual or imminent disorder. A lawyer in Punjab and Haryana High Court would likely argue that the evidentiary gap renders the conviction unsafe, and that the High Court, exercising its revisionary jurisdiction, should quash the judgment and restore liberty to the accused.

Question: Is a criminal revision petition the appropriate procedural remedy for the accused, or should they have pursued a direct appeal or a petition for bail?

Answer: The procedural posture is critical. The accused have already been convicted by a Sessions Court and are serving a rigorous imprisonment sentence. Under the criminal procedural framework, a direct appeal against a conviction is permissible only when the conviction is appealed to a higher court of appeal, such as the High Court, within the prescribed period. However, the accused have not filed an appeal; instead, they have approached the Punjab and Haryana High Court through a revision petition. A revision petition is available to challenge an order of a lower court that is alleged to be illegal, erroneous, or made without jurisdiction. It is particularly suited for cases where the lower court’s findings of fact are manifestly erroneous or where the law has been misapplied. In the present scenario, the accused contend that the Sessions Court erred in law by expanding the statutory language to include mere offensiveness and that the factual findings are unsupported by the record. These are classic grounds for revision. Moreover, a petition for bail would not address the substantive issue of the conviction’s validity; it would merely seek temporary release pending a higher‑court decision. A lawyer in Chandigarh High Court would advise that the most effective avenue to obtain a definitive relief—quashing the conviction and expunging the criminal record—is a revision petition, because it allows the High Court to re‑examine both the legal interpretation of the statutory provision and the adequacy of the evidence. The High Court’s power to set aside the conviction, direct the withdrawal of the FIR, and order immediate release aligns precisely with the relief sought by the petitioners.

Question: Can the investigating agency be compelled to withdraw the FIR on the basis that the alleged conduct does not meet the statutory threshold for a cognizable offence?

Answer: The FIR is the first step in the criminal process, but it is not immutable. If the court determines that the allegations, even if true, do not constitute an offence under the State Security Act, it possesses the authority to direct the investigating agency to close or withdraw the FIR. The factual record demonstrates that the alleged conduct—reciting satirical verses in a public procession—did not result in any actual disturbance, nor did it threaten public morality in a manner contemplated by the statute. The prosecution’s reliance on speculative “potential” disturbance is insufficient to sustain a cognizable offence, which requires a prima facie case that the statutory conditions are satisfied. In similar cases, courts have ordered the withdrawal of FIRs where the alleged act fell outside the ambit of the penal provision. The petitioners can therefore seek a writ of certiorari or a revisionary order directing the police to close the FIR, arguing that continuation of the investigation would amount to an abuse of process. A lawyer in Punjab and Haryana High Court would frame the argument that the FIR is an abuse of the statutory machinery because the essential element—actual or imminent disruption of public order—remains unproven. The High Court, exercising its supervisory jurisdiction, can order the withdrawal, thereby preventing further harassment of the accused and ensuring that the criminal justice system is not misused to penalise speech that is merely offensive but not unlawful.

Question: How does the presence of potentially biased civilian witnesses, who are members of a civic committee closely associated with the police, affect the reliability of the prosecution’s case?

Answer: Witness credibility is a cornerstone of criminal adjudication. The prosecution’s case rests heavily on two civilian witnesses who described the verses as “obscene” and “disruptive.” Their affiliation with a civic committee that works in tandem with the police raises a legitimate concern of bias. The defence highlighted that these witnesses were not independent members of the public but had a vested interest in supporting the police narrative. In assessing credibility, courts examine the relationship between witnesses and the investigating agency, any potential motive to favour the prosecution, and the consistency of their testimony with other evidence. Here, the police log fails to mention any disturbance, and the only corroboration of the witnesses’ claims is their post‑event statements. The lack of contemporaneous documentation, combined with the witnesses’ close ties to law enforcement, weakens the probative value of their testimony. A lawyer in Chandigarh High Court would argue that the High Court must scrutinise the reliability of these witnesses, especially when their testimony is the sole basis for establishing the alleged “obscene” nature of the verses. If the court finds that the witnesses are not impartial, the conviction may be deemed unsafe, as the evidentiary foundation collapses. This assessment aligns with the principle that convictions cannot rest on uncorroborated, potentially biased testimony, and it reinforces the argument for quashing the conviction.

Question: Does the statutory provision penalising speech that “undermines public order or decency” withstand constitutional scrutiny when applied to speech that is merely offensive but not disruptive?

Answer: The constitutional dimension is pivotal. The provision aims to protect public order and decency, but it must be read in harmony with the fundamental right to freedom of speech and expression, which is subject only to reasonable restrictions. The High Court has previously held that restrictions must be narrowly tailored to address a clear and present danger to the interests protected by the statute. In the present case, the speech—satirical verses—did not cause any actual disturbance, nor did it incite violence. Applying the provision to punish mere offensiveness expands the scope of the law beyond what is constitutionally permissible, effectively criminalising speech for the sake of protecting sensibilities. A lawyer in Punjab and Haryana High Court would contend that such an over‑broad application infringes the constitutional guarantee of free expression, as the restriction is not demonstrably necessary to prevent a tangible threat to public order. The High Court, therefore, has the authority to strike down the conviction on constitutional grounds, declaring that the statutory provision, when interpreted to cover speech that merely offends, is ultra vires the Constitution. This approach safeguards democratic discourse while ensuring that the law targets only speech that poses a real risk to public order or decency, thereby aligning statutory interpretation with constitutional mandates.

Question: Why does the accused’s remedy lie before the Punjab and Haryana High Court rather than any lower forum, and what procedural step must be taken to invoke that jurisdiction?

Answer: The factual matrix shows that the accused have already been convicted by a Sessions Court, which affirmed the magistrate’s judgment and imposed a term of rigorous imprisonment. Under the hierarchy of criminal courts, a conviction that has become final cannot be revisited by a magistrate or a trial court; only a superior court with appellate or revisionary powers may examine the correctness of the finding. The Punjab and Haryana High Court, as the highest judicial authority in the state, possesses statutory authority to entertain a criminal revision petition against any order of a Sessions Court that is alleged to be erroneous or illegal. This jurisdiction is rooted in the principle that a High Court may correct errors of law, misappreciation of evidence, or procedural infirmities that have resulted in an unjust conviction. Consequently, the appropriate procedural step is the filing of a criminal revision petition under the relevant procedural law, which must be presented before the Punjab and Haryana High Court. The petition must set out the grounds on which the conviction is challenged – namely, the lack of concrete evidence of public disorder, the reliance on speculative testimony, and the misapplication of the statutory test for “undermining public order or decency.” The petition must also request specific relief, such as quashing of the conviction, release from custody, and direction to the investigating agency to withdraw the FIR. Engaging a lawyer in Punjab and Haryana High Court is essential because the drafting of a revision petition requires precise articulation of legal errors, citation of precedent, and adherence to procedural rules unique to the High Court. A competent lawyer will ensure that the petition complies with filing deadlines, pays the requisite court fees, and is served on the prosecution. Without this specialized assistance, the accused risk procedural dismissal, which would foreclose any chance of overturning the conviction despite the factual defence that no disturbance occurred. Thus, the remedy lies squarely before the High Court, and the procedural route is the filing of a criminal revision petition, a step that demands the expertise of lawyers in Punjab and Haryana High Court to navigate the complex appellate machinery.

Question: How does the factual defence that no actual disturbance occurred fail to secure relief at the revision stage, and why must the accused rely on a legal challenge instead?

Answer: The factual defence advanced by the accused – that the crowd remained peaceful, that no stone‑throwing or violence erupted, and that only a few verbal complaints were recorded – is indeed a potent argument at trial. However, once a conviction has been recorded by a Sessions Court, the scope of review shifts from a re‑evaluation of facts to an assessment of whether the lower court applied the law correctly and whether the evidence, as a whole, could reasonably support the conviction. The High Court’s revision jurisdiction does not permit a fresh trial on the merits; it is limited to examining legal errors, mis‑interpretation of statutory requirements, and glaring evidential deficiencies that render the conviction unsafe. In the present scenario, the prosecution’s case rests on speculative assertions of potential disturbance, without any police log, medical report, or contemporaneous record of a breach of peace. While this factual deficiency is crucial, the High Court will scrutinize whether the Sessions Court erred in concluding that the statutory element of “undermining public order” was satisfied. The accused therefore must frame their challenge around the legal test that the statute demands proof of a tangible adverse consequence, not merely offensive language. By arguing that the lower court mis‑applied the statutory test and ignored the absence of concrete evidence, the accused elevate the defence from a factual dispute to a legal error, which is within the High Court’s purview. Engaging a lawyer in Chandigarh High Court, or more precisely a lawyer in Punjab and Haryana High Court, becomes indispensable because the counsel can craft arguments that highlight the statutory interpretation, cite precedents where courts have quashed convictions on similar evidentiary gaps, and demonstrate that the conviction is unsustainable on legal grounds. The factual defence alone, without a legal framing, would be dismissed as an appeal against the merits, which the revision jurisdiction does not entertain. Hence, the accused must rely on a legal challenge, articulated by experienced lawyers in Punjab and Haryana High Court, to seek quashing of the conviction.

Question: Why might an accused seek counsel among lawyers in Chandigarh High Court even though the petition is filed in the Punjab and Haryana High Court, and what practical advantages does such a search provide?

Answer: Although the procedural forum for the revision is the Punjab and Haryana High Court, the geographical proximity of Chandigarh, which houses the High Court’s principal seat, creates a vibrant legal market where many practitioners specialize in High Court matters. An accused, especially one residing in the surrounding districts, may find it more convenient to approach lawyers in Chandigarh High Court because these advocates possess direct experience with the court’s registry, judges, and procedural nuances. Moreover, lawyers who regularly appear before the Punjab and Haryana High Court are often listed as “lawyers in Chandigarh High Court” in directories, reflecting their active practice in that jurisdiction. Engaging such counsel offers practical benefits: they are familiar with the filing formats, time‑limits for revision petitions, and the evidentiary standards applied by the bench. They can also advise on the strategic timing of the petition, anticipate possible objections from the prosecution, and prepare supplementary affidavits to bolster the argument that the conviction lacks a legal basis. Additionally, lawyers based in Chandigarh are likely to have established relationships with court staff, which can facilitate smoother service of notices and expedite procedural steps. Their local knowledge of the High Court’s case‑management system helps avoid technical pitfalls that could lead to dismissal on procedural grounds. Finally, the presence of a seasoned lawyer in Punjab and Haryana High Court ensures that the petition is drafted with precise language, incorporates relevant precedents, and presents a compelling legal narrative that transcends mere factual assertions. Thus, while the forum is the Punjab and Haryana High Court, the search for lawyers in Chandigarh High Court is a logical step for the accused to secure competent representation that maximizes the chances of successful relief.

Question: What are the procedural consequences if the revision petition is dismissed for lack of jurisdiction or non‑compliance, and how can a lawyer in Punjab and Haryana High Court mitigate such risks?

Answer: A dismissal of the revision petition on jurisdictional grounds would imply that the High Court found the matter either not appealable before it or that the petition failed to meet the statutory prerequisites for a revision, such as filing within the prescribed period or attaching the requisite court fee. Similarly, a dismissal for non‑compliance – for example, improper service of notice to the prosecution, omission of essential facts, or failure to articulate a specific legal error – would result in the petition being struck down without any substantive consideration of the merits. The practical consequence of such a dismissal is that the conviction and sentence remain intact, the accused continue to serve the term of imprisonment, and any hope of relief through the High Court is extinguished, barring an extraordinary writ petition. To mitigate these risks, a lawyer in Punjab and Haryana High Court must meticulously verify that the revision petition satisfies all procedural requirements: confirming the correct jurisdiction, ensuring the petition is filed within the limitation period, affixing the appropriate court fee, and serving the petition on the State’s counsel. The lawyer must also craft the petition to clearly identify the legal error – namely, the mis‑application of the statutory test for “undermining public order or decency” – and support it with factual annexures, such as the police log showing no breach of peace and affidavits from neutral witnesses. By anticipating potential objections, the counsel can pre‑emptively address them within the petition, thereby reducing the likelihood of dismissal. Additionally, the lawyer can explore alternative remedies, such as filing a writ of certiorari, if the High Court’s jurisdiction is questionable, but only after a thorough assessment of the procedural posture. Engaging a competent lawyer in Punjab and Haryana High Court thus safeguards the accused against procedural pitfalls, ensuring that the substantive legal challenge to the conviction receives a full hearing rather than being dismissed on technical grounds.

Question: Which procedural irregularities in the FIR and charge sheet can be highlighted to seek a quashing of the conviction?

Answer: The first line of attack for a lawyer in Punjab and Haryana High Court is to expose the lacunae that render the FIR and charge sheet infirm. The FIR was lodged on the basis of a vague description of “vulgar verses” without any specific reference to the time, place, or persons who allegedly caused a breach of peace. It fails to disclose the statutory ingredients required to sustain an offence under the State Security Act, namely a concrete link between the speech and a disturbance of public order. Moreover, the charge sheet does not attach any contemporaneous police log, incident report, or medical certificate that would substantiate a claim of actual disorder. The investigating agency’s reliance on post‑incident statements of irritation recorded after the crowd had been dispersed further weakens the causal nexus. The absence of a preliminary inquiry report, which is mandatory when the alleged offence is non‑cognizable, can be argued as a breach of procedural due‑process. Additionally, the charge sheet omits the names of the two civilian witnesses and the basis of their testimony, violating the principle of disclosure. These defects collectively amount to a failure to comply with the procedural safeguards enshrined in criminal law, rendering the charge sheet vulnerable to quashing. A revision petition can therefore invoke the High Court’s power to set aside an order founded on an infirm charge sheet, emphasizing that the prosecution’s case is built on speculation rather than on a duly recorded investigative record. By foregrounding these procedural gaps, the defence can persuade the court that the conviction is unsustainable and that the accused should be released forthwith.

Question: How can the defence challenge the evidentiary record to demonstrate that the alleged speech did not actually undermine public order or decency?

Answer: Lawyers in Chandigarh High Court can mount a multi‑faceted evidentiary challenge that hinges on the absence of any material proof of disturbance. The prosecution’s case rests almost entirely on the testimony of a senior police officer and two civilian witnesses who described the verses as “obscene” and “disruptive.” Their statements are uncorroborated by any objective evidence such as a medical report, forensic analysis, or a contemporaneous police diary entry documenting a breach of peace. The defence should request the production of the original incident log, which, if produced, is likely to reveal a blank entry for any public disorder. The credibility of the civilian witnesses can be undermined by exposing their affiliation with a local civic committee that has historically cooperated with the police, suggesting a potential bias. The defence can also point out that the crowd remained orderly, with no stone‑throwing, shouting, or physical altercation, as observed by several neutral by‑standers whose statements were not recorded. By filing an application for a forensic audit of the audio‑visual material, if any, the defence can demonstrate that the verses, though possibly offensive, did not incite violence or panic. The lack of any complaint lodged by the public at the time of the procession further weakens the claim of public annoyance. By systematically dismantling the prosecution’s evidentiary foundation, the defence can argue that the statutory requirement of a tangible adverse effect on public order or decency remains unmet, thereby justifying the quashing of the conviction.

Question: What considerations regarding custody and bail should be addressed to secure the accused’s immediate release pending the revision?

Answer: A lawyer in Chandigarh High Court must assess the balance between the accused’s right to liberty and any legitimate concerns of the investigating agency. The accused have already served a portion of a rigorous imprisonment sentence, and the conviction is now under challenge. The defence should file an urgent bail application, emphasizing that the continued detention serves no custodial purpose because the alleged offence is non‑violent and the accused pose no flight risk, given their established residence and employment in the transport sector. The absence of any material evidence indicating a likelihood of tampering with witnesses or influencing the investigation further weakens any justification for custody. Moreover, the prosecution’s case is predicated on speculative future disturbance, which does not constitute a present danger warranting incarceration. The defence can also invoke the principle that bail is the rule and jail the exception, especially when the conviction is under review for potential reversal. Highlighting the health implications of rigorous imprisonment, especially for older participants, can add humanitarian weight. The bail bond can be conditioned on the accused’s surrender of passport and regular reporting to the police station, thereby mitigating any residual concerns. By presenting these arguments, the defence can persuade the court that continued detention would amount to an undue infringement of personal liberty, and that the accused should be released on bail pending the outcome of the revision petition.

Question: Beyond a revision petition, what alternative high‑court remedies are available, and when should each be employed?

Answer: Lawyers in Punjab and Haryana High Court should consider filing a writ of certiorari under the constitutional jurisdiction to challenge the lower court’s order on the ground of jurisdictional error and violation of fundamental rights. This remedy is appropriate when the conviction is alleged to be ultra vires the statutory language and when the procedural defects are so fundamental that they render the order illegal. A petition under the right to life and personal liberty can be invoked to argue that the conviction infringes the freedom of speech, a core constitutional guarantee, especially where the statutory provision has been applied in an over‑broad manner. If the accused are in custody, a habeas corpus petition can be filed to secure immediate release, citing the lack of substantive evidence and procedural infirmities. The choice between a revision petition and a writ depends on the strategic timing; a revision is a routine route for correcting errors of law, while a writ offers a more expansive ground to challenge the constitutional validity of the provision itself. In cases where the lower courts have already dismissed the revision, a direct writ petition may be the only recourse. The defence should also keep open the possibility of a special leave petition to the Supreme Court if the High Court’s relief is denied, ensuring that the constitutional dimensions of free speech are fully explored at the apex level.

Question: How should the defence frame the role of the accused and the nature of the alleged offence to align with constitutional protections of free speech?

Answer: A lawyer in Punjab and Haryana High Court must craft a narrative that positions the accused as participants in a peaceful democratic protest, exercising their right to express dissent against governmental policy. The defence should argue that the verses, although satirical and potentially offensive, constitute political speech, which enjoys the highest level of protection under the constitution. By emphasizing that there was no incitement to violence, no breach of peace, and no tangible harm to public order, the defence can demonstrate that the statutory provision was applied in a manner that unduly restricts speech. The argument should highlight that the State Security Act, when read narrowly, is intended to curb speech that poses a real and imminent threat to public order, not merely speech that offends sensibilities. The defence can cite comparative jurisprudence that distinguishes between obscene material and political satire, stressing that the latter is essential to democratic discourse. Anticipating the prosecution’s claim of a broader state interest, the defence should counter that any restriction must be reasonable, proportionate, and demonstrably necessary, which is not satisfied here. By framing the accused’s conduct as a legitimate exercise of constitutional rights, the defence can persuade the High Court that upholding the conviction would set a dangerous precedent that chills free expression, thereby justifying the quashing of the conviction and the restoration of liberty.