Shahul Hameed @ Shahulhameed @ Sahib v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.6566 of 2023 1.Shahul Hameed @ Shahulhameed @ Sahib 2.Abdul Wahith @ Vahith 3.Syed Masood 4.Mohamed Ibrahim @ Ibrahim ... Petitioners/Accused Nos.1,2,3 and 5 Vs.
1.The State Rep. by The Inspector of Police, Kadayanallur Police Station, Tenkasi District. Crime No.228 of 2021 ... 1st Respondent/Complainant 2.Vijayakumar ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case registered in First Information Report in Crime No.228 of 2021 on the file of the 1st respondent and quash the same as against the petitioners are concerned as illegal.
For Petitioner : Mr.K.Navaneetha Raja For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor 1/4
O R D E R This petition is filed seeking quashment of Crime No.228 of 2021 on the file of the first respondent.
2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent. 3.The case of the petitioners is that on 10.06.2021, the petitioners herein were staged the protest near Kadayanallur Maavadikkal Transformer against rising of prices of petrol, diesel and made some demands, without wearing mask at the time of prohibition due to COVID-19 pandemic. Hence, a case in Crime No.228 of 2021 for the offences punishable under Section 143, 269, 283, 270 of IPC and Section 3 of the Epidemic Diseases Act, has been registered. The present petition is filed to quash the First Information Report in Crime No.228 of 2021. 4.It is brought to the notice of this Court that the Government of Tamil Nadu has taken a policy decision to drop all the cases, which was registered against the public during the pandemic period for violation. So nothing is going to be served by directing the petitioner to undergo the trial process or the investigation as the case may be. 2/4
5.Accordingly, this criminal original petition is allowed and the FIR in Crime No.228 of 2021 registered on the file of the first respondent in respect of the petitioners are concerned is hereby quashed. Consequently, connected miscellaneous petition is closed. 24.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Inspector of Police, Kadayanallur Police Station, Tenkasi District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
TM 24.04.2023 4/4