Ragunathan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.M.P.(MD)Nos.306 & 307 of 2022 1.Ragunathan 2.Kandasamu 3.Ganesan 4.Subramanian 5.Senthil @ Colony Senthil 6.Prabhu 7.Ilavarasu 8.Senthilkumar 9.R.S.Raja 10.Gopinath 11.Karthick 12.C.K.Raja 13.Arvinsh 14.Thambi 15.Asinkarthick @ Karthikeyan 16.Ashokumar 17.V.P.Sekar 18.Saravanamoorthi Page No.1/5
19.S.Saravanan 20.M.Vikram
...Petitioners
vs.
1.The State rep by Inspector of Police, CBCID South, Karur District Crime No.2 of 2020 2.T.Anbalagan
...Respondents
PRAYER:
Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to call for records relating to C.C.No.14 of 2021 on the file of the learned Judicial Magistrate No.I, Karur and quash the same as illegal. For Petitioners : Mr.K.Sivabalan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor, for R1
ORDER
This criminal original petition has been filed to quash the proceedings pending in CC.No.14 of 2021 on the file of the learned Judicial Magistrate No.I, Karur.
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2. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.
3. The case of the prosecution is that A1 came to the office of the District Collector along with a group of persons to give representation. A1 was questioned as to why there is congregation without following the COVID protocol. That apart, it was also seen that some of the persons, who accompanied A1, did not wear mask. There was a wordy quarrel and at that point of time, A1 was said to have made derogatory remarks against the District Collector. Based on his complaint, a FIR came to be registered in Crime No.2 of 2020. The investigation was completed and a final report was filed before the Court below and it was taken on file in C.C.No.14 of 2021 for offence under Section 143 read with 109, 153, 353 and 506(2) of IPC and Section 52(a) of the Disaster Management Act, 2005.
4. The entire incident seem to have happened in a spur of the moment and that too, during the pandemic period. The facts of the present case can be brought within the scope of Section 95 of IPC and no useful purpose will be served by making the accused persons undergo the trial. Page No.3/5
5. In view of the above, this criminal original petition is allowed and accordingly, the proceedings in C.C.No. 14 of 2021 on the file of the learned Judicial Magistrate No.I, Karur, is hereby quashed. Consequently, the connected miscellaneous petitions are also closed.
10.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa Page No.4/5
N. ANAND VENKATESH, J.
nsa and Crl.M.P.(MD)Nos.306 & 307 of 2022 10.08.2023 Page No.5/5