P.Akarathi @ Agarathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2024

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD)Nos.2730 and 2731 of 2023 1.P.Akarathi @ Agarathi 2.A.Gandhi Veeran @ Ganthi Veeran 3.A.Suresh 4.P.Jeganathan @ Jegan 5.S.Karumukilan @ Karumugilan 6.P.Marimuthu 7.M.Thangapandi @ Marichamy 8.S.Rajesh 9.G.Muthulakshmi 10.S.Muthumari 11.K.Solaiyammal @ Solayammal 12.P.Sangithkumar @ Ranjithkumar 13.M.Murugesan @ Murugeshan 14.T.Rathi @ Sumathi 15.K.Sikkandarammal @ Sikkantharammal 16.P.Shantha @ Santha (Santhar) 17.V.Karpagavalli @ Karppagavalli 18.A.Hajira @ Megar Nisha 19.M.Palaniyammal 20.G.Priyanka 21.P.Pandiyammal 22.R.Shanthi 23.U.Karbagam @ Karpagam 24.K.Vijayalakshmi 1/6

25.K.Meena 26.K.Thangammal @ Selvi 27.M.Lakshmi @ Rani 28.T.Veeralakshmi @ Vijayalakshmi 29.L.Pandiselvi 30.T.Elakkiya @ Ilakkiya 31.S.Yasmin Sahira 32.S.Meenakshi 33.M.Maheswari @ Maheshwari 34.O.Kamar Nisha 35.G.Maheswari @ Maheshwari ... Petitioners/Accused Nos.1 to 9, 11, 12, 14, 16 to 20, 22 to 25, 27 to 35 and 37 to 41 Vs.

1.State Rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

Crime No.767 of 2020 ...1st Respondent/Complainant 2.Jansirani The Village Administrative Officer, No.40, Rajakambeeram, 43, Podasapatti (Group), Madurai East Taluk, Madurai District.

..2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C.No.36 of 2022, dated 11.06.2020 pending on the file of the learned Judicial Magistrate, Melur in Crime No.767 of 2020 for an 2/6

alleged offence under Sections 143, 341, 294(b), 151, 353, 188, 271 of IPC r/w Section 3 of Epidemic Diseases Act and quash the same as illegal.

For Petitioners : Mr.T.Thirumurugan For R-1 : Mr.A.Albert James Government Advocate (Crl. side)

ORDER

This petition has been filed to quash the proceedings pending in C.C.No.36 of 2022, dated 11.06.2020 on the file of the learned Judicial Magistrate, Melur.

2.Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioners and Mr.A.Albert James, learned Government Advocate (Criminal side) appearing for the first respondent. 3.In the instant case, the allegation against the petitioners is that they conducted a road-roko on 11.06.2020 during the pandemic period and caused hindrance to the general public and also abused the police 3/6

officer and officials in filthy language. The entire agitation had taken place demanding for waiver of the loan that was borrowed by the women self help groups.

4.Considering the facts and circumstances of the case and considering the fact that the agitation had taken place during the pandemic period and no useful purpose will be served in prosecuting this case at this length of time, this Court is inclined to bring this case within the scope of Section 95 of IPC.

5.In view of the above, the proceedings in C.C.No.36 of 2022 on the file of the learned Judicial Magistrate, Melur, is quashed in its entirety and the Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petitions are closed. 05.12.2024 Index: Yes/No Internet: Yes/No sji To 4/6

1.The Judicial Magistrate, Melur.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH.J., sji CRL.O.P(MD)No.2984 of 2023 05.12.2024 6/6