Ranjith v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.Nos.7288 and 7289 of 2025 Ranjith ... Petitioner Vs

1. The State Rep. by, The Inspector of Police, Marakanam Police Station, Villupuram, Crime.No.389 of 2020.

2. Murugesan ... Respondents Criminal Original Petition is filed under Section 528 of B.N.N.S., to call for the records and quash the proceedings in C.C.No.47 of 2025, pending before the learned Judicial Magistrate Court-II at Tindivanam. For Petitioner : Mr.K.Karthik For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 1/6

O R D E R

This petition has been filed to quash the proceedings in C.C.No.47 of 2025, pending before the learned Judicial Magistrate Court-II, Tindivanam.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.

3. The case of the prosecution is that on 07.05.2020, during the COVID-19 pandemic period, two persons belonging to Kanthakadu Village were affected by COVID-19. In this regard, the second respondent/de-facto complainant went to the said village and took precautionary measures by installing barricades in the same village. At that time, the petitioner and others restrained the de-facto complainant and prevented him from performing his duty. Further, they abused him with filthy language, assaulted him, and threatened him with dire consequences. Hence, the de2/6

facto complainant lodged a complaint with the first respondent on 07.05.2020. Based on the said complaint, the first respondent registered a case against the petitioner and others in Crime No. 389 of 2020 under Sections 147, 148, 294(b), 341, 323, 353, and 506(ii) of IPC, read with Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. Thereafter, the first respondent altered the offences to Sections 147, 148, 294(b), 341, 353, 352, and 506(ii) of IPC, read with Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. Subsequently, the first respondent filed a final report in C.C. No. 47 of 2025 before the learned Judicial Magistrate Court-II, Tindivanam, and the same is pending trial.

4. The entire occurrence had taken place during the COVID-19 pandemic. Even according to the case of the prosecution, the petitioner, along with others, prevented the workers while they were installing barricades in their village. The charges are trivial in nature, and as such, the petitioner cannot be ordered to undergo the ordeal of the trial. 3/6

5. In view of the above, this Court is inclined to quash the entire proceedings. Accordingly, the impugned proceeding in C.C. No. 47 of 2025 is hereby quashed.

6. In the result, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petitions are closed. 15.04.2025 Index:Yes/No kv To

1. The Inspector of Police, Marakanam Police Station, Villupuram.

2. The Judicial Magistrate Court-II at Tindivanam.

3. The Public Prosecutor, 4/6

High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

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