Kattapomman v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH and Crl.M.P.No.2458 of 2024

1. Kattapomman

2. Ramu

3. Jagatheesh

4. Thavamani

5. Jayapal

6. Vengatachalapathi

7. Manokaran

8. Suresh

9. Thirumavalavan

10. Vignesh

11. Narayanan

12. Silambarasan

13. Karthikeyan

14. Neelakandan .. Petitioners Vs.

State rep.by Inspector of Police, Andimadam Police Station, Ariyalur District.

.. Respondent

PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.675 of 2021 on the file of the Inspector of Police, Andimadam Police Station, Ariyalur District and quash the same.

For Petitioners : Mr.Prakash For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to quash the FIR in Crime No.675 of 2021 on the file of the Inspector of Police, Andimadam Police Station, Ariyalur District.

2.

Heard Mr.Prakash, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondents.

3.

The case of the prosecution is that the accused persons

during the pandemic period joined together as a unlawful assembly without following the protocol and without any permission started raising slogans against the ruling party and also against the police. Based on the same, an FIR came to be registered for offence under Section 143, 269, 270 and Section 3 of Epidemic Diseases Act, 1897.

4.

In the considered view of this Court, the accused persons had agitated against an arrest that was made and they were ventilating their grievance against the Government and the police. Unfortunately, this was done during the pandemic period when the entire world was caught in the grips of the deadly virus Covid 19. Considering the fact that no final report has been filed till date and the facts of the present case can also be brought within the scope of Section 95 of IPC, no useful purpose will be served in keeping this FIR pending. 5.

In the light of the above, the FIR in Crime No.675 of 2021 on the file of the Inspector of Police, Andimadam Police Station, Ariyalur District is hereby quashed in its entirety and this Criminal original

petition is allowed. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 16.02.2024 Internet : Yes/No rka To

1. The Inspector of Police, Andimadam Police Station, Ariyalur District.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka and Crl.M.P.No.2458 of 2024 16.02.2024