Madras High Court
Arun @ Arunkumar vs The Inspector Of Police on 11 May, 2022
CRL OP(MD). No.8930 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.05.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
CRL OP(MD). No.8930 of 2022
Arun @ Arunkumar ... Petitioner
Vs
1. The Inspector of Police,
Samayanallur Police Station,
Samayanallur,
Madurai.
(Crime No.1599 of 2020)
2. Subramani ... Respondents
PRAYER :- This Criminal Original Petition filed under Section 482
Cr.P.C.to call for the records relating to the FIR in Crime No.1599 of
2020 on the file of 1st Respondent Police Samayanallur Police Station,
Madurai District and Quash the same in so for as Petitioner concern.
For petitioner : Mr.B.Vinothkumar
For R1 : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.8930 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No. 1599 of 2020 dated 08.09.2020, on the file of the first
respondent police.
2. The case of the prosecution is that during pandemic period, the
Government restricted the movement of public and imposed 144
proceedings in all the Districts. While so, on 08.09.2020, it is alleged that
the petitioner and others unlawfully assembled in-front of Samayanallur
Government School and made protest against NEET Examination and
therefore, the Law Enforcing Authority registered a case in Crime No.
1599 of 2020 under Sections 143, 188, 269, 270 and 3 of Epidemic
Disease Act, 1897. Challenging the said complaint, the present petition
has been filed.
3. The learned counsel appearing for the petitioner would submit
that the petitioner has made protest in a peaceful manner after following
the protocol issued by the State Government during lockdown period and
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.8930 of 2022
the issues raised in this writ petition are squarely covered in the decision
reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The
Inspector of Police Velayuthampalayam Police Station, Karur District]
dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police,
Sivakasi Town Police Station Virudhunagar District and other in batch
of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.
3. The learned Additional Public Prosecutor appearing for the
respondent Police would submit that the facts of the case are similar to
the facts covered under the Judgment referred above.
4.Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondent
Police.
5. Perused the materials on record.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.8930 of 2022
6.The facts of this case is similar to the facts covered by the Judgment
of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and
others vs. The Inspector of Police Velayuthampalayam Police Station,
Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector
of Police, Sivakasi Town Police Station Virudhunagar District and
other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated
30.08.2019. Accordingly, the proceedings in FIR in Crime No. 1599 of
2020 dated 08.09.2020, on the file of the first respondent police, is
hereby quashed insofar as the petitioner alone and the Criminal Original
Petition is allowed.
11.05.2022
Index : Yes / No
Internet : Yes/ No
ssb/cm
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.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.8930 of 2022
TO
1. The Inspector of Police,
Samayanallur Police Station,
Samayanallur,
Madurai.
(Crime No.1599 of 2020)
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.8930 of 2022
M.DHANDAPANI,J.
ssb/cm
ORDER
IN
CRL OP(MD). No.8930 of 2022
Date : 11.05.2022
https://www.mhc.tn.gov.in/judis
