Ravi (Adhavan) v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21654 of 2023 and Crl.MP.Nos.14956 and 14957 of 2023 Ravi (Adhavan) S/o.Arumugam .. Petitioner/Accused .Vs.

State by Inspector of Police E4, Kalpakkam Police Station Chengalpattu District.

FIR No.1060 of 2020 .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.11 of 2023, on the file of the learned Judicial Magistrate Thirukazhukundram and quash the same.

For Petitioner : Mr.R.Swarnavel For Respondent: Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.11 of 2023, pending on the file of Judicial Magistrate Thirukazhukundram.

2.The case of the prosecution is that on 19.12.2020 at about 11.30 am., the accused persons had gathered by violating the Covid protocol and they wanted to hoist a political party flag. That apart, they also caused threat and intimidation. Based on the complaint, an FIR came to be registered in Crime No.1060 of 2020. On completion of investigation, the final report has been filed before the Court below as against 11 accused persons. Aggrieved by the same, the present quash petition has been filed before this Court. 3.Heard Mr.R.Swarnavel, learned counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl.side) for the respondent. 4.Taking into consideration the facts and circumstances of the case and also of the fact that the incident had taken place during Corona period and no major incident had resulted in causing disturbance to the general public, this Court is inclined to interfere with the proceedings. This case can be brought within the scope of Section 95 of IPC.

5.In the light of the above discussion, the proceedings in C.C.No.11 of 2023, pending on the file of Judicial Magistrate, Thirukazhukundram, is hereby quashed in its entirety and this criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed. 27.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP To 1.Inspector of Police E4, Kalpakkam Police Station Chengalpattu District.

2. Judicial Magistrate Thirukazhukundram.

3.The Public Prosecutor High Court, Madras.

N. ANAND VENKATESH, J.

KP Crl.O.P No.21654 of 2023 27.09.2023