Madras High CourtCRL OP(MD)/14962/2021allowed

Thensingam v. The Sub Inspector Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.14962 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14962 of 2021

1. Thensingam

2. Velsingam

3. Devan

4. Janarthanan

5. Abishek

6. Abinesh

7. Sasitharan

8. Hariharan

9. Vimal 10.Murugan

11. Prakash

12. Ayyar

13. Mayil

14. Pandeeswaran

15. Arul

16. Muthishwaran

17. Senthamil Selvan

18. Athiveerapandiyan ... Petitioners / Accused 1 to 18 Vs.

The State rep. By, The Sub Inspector of Police, Chinnamanur police station, Theni District.

(Crime No.136 of 2021) ... Respondent / Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the First Information Report in Crime No.136 of 2021 dated 23.03.2021 on the file of the Sub Inspector of Police, Chinnamanur police station, Theni District and quash the same as against the petitioners. For Petitioners : Mr.K.Surendran For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed to quash the First Information Report in Crime No.136 of 2021 registered on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.14962 OF 2021 file of the respondent police station for the offences under Sections 143, 341 and 269 of I.P.C. and Section 125 of Representation of the People Act, 1951.

3. I went through the contents of the impugned First Information Report. All that it alleges is that the petitioners herein had assembled near the water tank in Oothupatti in violation of the prohibitory orders that were issued during the Covid-19 pandemic. The petitioners did not wear any mask and also did not follow the social distancing norms. It further reads that the petitioners were found raising slogans that the Government had not done anything good for their community.

4. It is not the case of the prosecution that the petitioners indulged in any act of violence. The petitioners did not spread the disease. It is relevant to note that during the relevant time, election campaign was being conducted. Therefore, it is quite natural that the petitioners had assembled for voicing the grievances of their community. The petitioners conducted themselves in a democratic manner. Therefore, continuance of the impugned prosecution is absolutely unwarranted. The impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Sub Inspector of Police, Chinnamanur police station, Theni District.

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

Crl.O.P.(MD)No.14962 of 2021 01.12.2021 RD(20.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2