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Madras High CourtCRL OP/31403/2025allowed

C.Vijayakumar v. The State Of Tamilnadu

2025-11-18Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.21589 of 2025

1. C.Vijayakumar S/o.Chinnarasu, No.1/30, Radhapuram Main Road, Radhapuram, Villupuram605 501.

Petitioner(s) Vs

1. The State of Tamilnadu Represented by its Sub Inspector of Police, Vikravandi Police Station, Vikravandi, Villupuram- 605 652.

Respondent(s) PRAYER: The criminal original petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Crime No. 60/2021 pending on the file of the Sub Inspector of Police at Vikravandi Police Station, Vikravandi and quash the same and pass any such or further orders. For Petitioner(s):

Ms.G.Nishanthi For Respondent(s):

Mr.R.Vinothraja Govt. Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.60 of 2021, pending on the file of the Sub-Inspector of Police, at Vikravandi Police Station, Vikravandi.

2.The case of the prosecution is that on 03.02.2021, the petitioner/A14 and others without obtaining prior permission, had unlawfully gathered in the main road at the time of spreading Covid-19 and thereby causing disturbance to the public and transport. Therefore, a case in Crime No.60 of 2021 was registered by the respondent Police for the offences under Sections 143, 341, 269 IPC r/w Section 3 of Epidemic Act, 1897 and Section 51 of the Disaster Management Act, 2005.

3.Learned counsel appearing for the petitioner submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioner.

4.Learned Additional Public Prosecutor appearing for the respondent Police endorses the aforesaid submission.

5.Heard the learned counsel appearing on either side and perused the materials available on record.

6.In view of the above, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the proceedings pending and is liable to be quashed. 7.Accordingly, the Criminal Original Petition stands allowed and the First Information Report in Crime No.60 of 2021, on the file of the respondent Police is hereby quashed as against the petitioner. Consequently, the connected miscellaneous petition is closed.

18-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sms To

1. The Sub Inspector of Police, Vikravandi Police Station, Vikravandi, Villupuram- 605 652.

2.The Public Prosecutor,High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms 18-11-2025