ORDER :

This Criminal Original Petition has been filed to quash the proceedings in FIR in Crime No.1343 of 2020 on the file of the Palayamkottai Police Station, Tirunelveli City, Tirunelveli District as against the petitioners.

2. The case of the prosecution is that on 17.09.2020, when lock down was in force due to Corono Pandemic, the petitioners, who are political persons, without any permission and without any social distancing welcomed made a garland to the staute of Periyar. Hence a case has been registered against the petitioners and others in Crime No.1343 of 2020 for the offences under Sections 188 and 269 of IPC and 3 of Epidemic Disease Act, 1897.

3. The learned counsel appearing for the petitioners submitted that in order to register a case under Section 269 of IPC, the accused person must do any unlawful or negligent act, which likely to spread the infection of any disease dangerous to life and whereas in the present case, the petitioners were not tested positive and there is no reason to believe that they are likely to spread the infection. He further submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and also right to freely expr