Madras High Court
Mohamed Faizal vs State Rep By Its on 8 September, 2022
Crl.O.P.No.21370 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.21370 of 2022
&
Crl.M.P.No.13905 of 2022
1.Mohamed Faizal
2.Nathar oli
3.Mohamed Abukasim
4.Mohamed Muruthala
5.Yasir Ahamed
6.Mubeen
7.Mohamed Sadiq ...Petitioners
Vs.
State rep by its
The Sub Inspector of Police,
Thittachery Police Station,
Nagapattinam District.
(Cr. No.846/2020) ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records relating to Cr.No.846 of 2020 on the files
Page 1 of 7
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
of the respondent herein and quash the same.
For Petitioners : Mr.J.Abdul Basith
For Respondent : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
This petition has been filed seeking quashment of the case in
Crime No.846 of 2020 on the file of respondent police.
2. The case of the petitioner is that on 02.10.2020, when Section
144 Cr.P.C ban was in force, the petitioners without following the
regulations of Covid~19 protocol, protested in an unlawful manner and
shouted slogans against the Government demanding withdrawal of the
verdict of acquittal given to the criminals in the Ayodhya Babri Masjid
Case.
3. Hence, a case in Crime No.846 of 2020 for the offences under
Sections 341, 143, 188 and 269 of IPC has been registered on the same
day. The present petition is filed to quash the First Information Report in
Crime No.846 of 2020.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
4. This petition is filed mainly on the ground that Section 188 IPC
is non~cognizable offence and the police has no right to register the case
and investigate. Sections 341, 269 and 143 of IPC are concerned, there is
no intention on the part of the petitioners to spread the disease to another
and the petitioners protested for general public welfare.
5. Heard both sides.
6. In the judgment reported in 2018(2) L.W (Crl.)606 (In
Jeevanandhan and others Vs. State rep. by Inspector of Police,
Velayuthampalayam Police Station, Karur District and another) it has
been held that the police has no right to file a case under Section 188 IPC
and to investigate the same without getting proper permission from the
concerned jurisdictional Magistrate. Here, there is no material to show
that before registering the case, permission of the concerned
jurisdictional Magistrate has been obtained. In such circumstances, the
respondent has no right to register the case and to investigate the matter.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
7.A detailed guideline has been issued by this Court in the
judgment cited supra. On this aspect, Section 188 IPC will not stand
against the petitioner. The offence under Sections 341, 143 and 269 of
IPC are concerned, as per the contents of the First Information Report, it
is seen that the petitioner and others protested in an unlawful manner and
shouted slogans during the pandemic period. It is a trivial matter in
which no offence of grievous nature is involved. Even though Section
144 Cr.P.C order was in force, during the relevant time the respondent
police ought to have warned the petitioners to go in-door, instead of that,
they filed a case. It is also not the case of the respondent that at the time
of the incident, the petitioners were affected by Covid-19. So the
contention that conducting protest during the pandemic period will
spread the disease is without any basis. Section 143 IPC is concerned, it
specifies the period of punishment for a person who is a member of an
unlawful assembly.
8. Section 141 IPC defines unlawful
assembly as under:
141. Unlawful assembly -
An assembly of five or more persons is designated
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
an “unlawful assembly“, if the common object of
the persons composing that assembly is
First To overawe by criminal force, or show of
criminal force, 1the Central or any State
Government or Parliament or the Legislature of
any State, or any public servant in the exercise of
the lawful power of such public servant; or
Second To resist the execution of any law, or of
any legalprocess; or
Third To commit any mischief or criminal
trespass, or other
offence; or
Fourth By means of criminal force, or show of
criminal force, to any person, to take or obtain
possession of any property, or to deprive any
person of the enjoyment of a right of way, or of the
use of water or other incorporeal right of which he
is in possession or enjoyment, or to enforce any
right or supposed right; or Fifth ? By means of
criminal force, or show of criminal force, to
compel any person to do what he is not legally
bound to do, or to omit to do what he is legally
entitled to do.
9. In the light of the above definition when we look into the final
report, we can easily say that it cannot be termed as unlawful assembly.
Similarly for attracting offences under Sections 341, 143 and 269 IPC
also, there are no materials to show that the petitioners were also affected
by Covid-19 virus and because of their assembly virus spread to others.
Since in the absence of any such materials on record, the offence under
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
Sections 341, 143 and 269 IPC are not attracted.
10. Considering the nature of allegations and the offences
involved in this case, this Court is of the considered view that protesting
for the welfare of the public should not be a reason for spoiling the future
of the petitioners. Unintended casual act should not take away the future
of the petitioners. Moreover, it is also brought to the notice of this Court
that the Government is also going to drop all these cases, which have
been registered during the pandemic period against the public. Taking all
these aspects into account, this court is of the considered view that the
First Information Report in in Crime No.846 of 2020 on the file of the
respondent is liable to be quashed and the same is quashed.
11. In fine, this petition is allowed. Consequently, connected
miscellaneous petition is closed.
08.09.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
mpl
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21370 of 2022
G.K.ILANTHIRAIYAN, J
mpl
To
1.The Sub Inspector of Police,
Thittachery Police Station,
Nagapattinam District.
2.The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.21370 of 2022
&
Crl.M.P.No.13905 of 2022
08.09.2022
https://www.mhc.tn.gov.in/judis
