C.Ve.Shanmugam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.10260 of 2023 C.Ve.Shanmugam .. Petitioner

Versus

1. State rep. by The Inspector of Police, Villupuram West Police Station, Villupuram District.

(Crime No.539 of 2021).

2. Sentamilselvan .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings as against the petitioner in Crime No.539 of 2021, pending on the file of the 1st respondent.

For Petitioner : Mr.Vijaynarayan, Senior Counsel for Mr.M.Mohamed Riyaz and Mr.E.Balmurugan For Respondents : Mr.M.Babumuthumeeran, Additional Public Prosecutor, 1/6

for R1

ORDER

Mr.M.Babumuthumeeran, learned Additional Public Prosecutor takes notice on behalf of the first respondent. This petition has been filed to quash the F.I.R in Crime No.539 of 2021 pending investigation on the file of the first respondent.

2. The case of the prosecution is that on 17.12.2021, at about 10.40 A.M, the petitioner along with others is said to have made a protest against the ruling party. It was alleged that the petitioner and others had violated the pandemic guidelines and they also blocked the road and caused hindrance to the general public. A complaint was given by the Village Administrative Officer and based on the same, the first respondent registered an F.I.R in Crime No.539 of 2021 on 17.12.2021 for offences under Sections 143, 341, 269 and 270 of I.P.C and Section 3 of the Epidemic Diseases Act, 1897.

3. Heard Mr.Vijaynarayan, learned Senior Counsel for the petitioner and Mr.M.Babumuthumeeran, learned Additional Public Prosecutor for the first respondent.

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4. The learned Additional Public Prosecutor submitted that the investigation is pending in this case.

5. On carefully going through the allegations made in the F.I.R, it is seen that at the best, the offences under Sections 143, 341 and 269 of I.P.C and Section 3 of the Epidemic Diseases Act, 1897 are made out. The offence under Section 270 of I.P.C is not made out since the act of the petitioner and others can only be considered to be negligent and it cannot be considered as malignant which involves a higher degree of mens rea to constitute the offence.

6. Insofar as the offences under Sections 143, 341 and 269 of I.P.C and Section 3 of the Epidemic Diseases Act, the same is punishable for a maximum imprisonment of only six months. Hence the Final Report ought to have been filed within a period of one year under Section 468 of Cr.P.C. If any Final Report is filed beyond this time, the same will be barred under Section 468(2)(b) of I.P.C. The allegations that have been made in the complaint do not warrant any extension of time under Section 473 of 3/6

Cr.P.C. Hence even if the investigation is completed and Final Report is filed, the Court below cannot take cognizance of the offences under Sections 143, 341 and 269 of I.P.C and Section 3 of the Epidemic Diseases Act, 1897. The continuation of the investigation will only result in abuse of process of law which warrants the interference of this Court in exercise of its jurisdiction under Section 468 of Cr.P.C.

7. In view of the above, the F.I.R in Crime No.539 of 2021 pending on the file of the first respondent is hereby quashed in entirety and this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

20.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Inspector of Police, Villupuram West Police Station, 4/6

Villupuram District.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.No.10260 of 2023 20.07.2023 6/6