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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Abdul Jafar @ Abdul Jappar – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. The petitioner/A1, who is facing trial in S.T.C.No.748 of 2022, before the Judicial Magistrate Court, Eraniel, for the offences under Sections 269 and 270 of the I.P.C. and Section 3 of the EPIDEMIC DISEASES ACT , 1897, has filed the quash application.
2. The case against the petitioner is that, on 05.08.2020, while the second respondent was on patrol duty, the petitioner, along with other individuals, assembled at the location of the incident and staged a protest against the Government. The protest was against the construction of a Ramar Temple in Ayodhya, the Muttalak Act, and the removal of the special status of Jammu and Kashmir guaranteed under Article 370 of the Constitution of India. Based on the above complaint, the first respondent registered a case in Crime No.324 of 2020 for the offences under Sections 269 and 270 of the I.P.C. and Section 3 of the EPIDEMIC DISEASES ACT , 1897 against the petitioner and others.
3. The learned counsel for the petitioner submits that although the complaint does not disclose any cognizable offences and despite the fact that the complaint given by the second respondent does not make out any cognizable offences against the petitioner,
The mere assembly of individuals during a pandemic does not automatically infer cognizable offenses under Sections 269 and 270 IPC without evidence of tangible harm or public health risk.
The court held that an F.I.R. under Section 188 IPC cannot be registered without a written complaint by a public servant, and peaceful assembly for lawful demands cannot be deemed unlawful without sp....
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
The main legal point established is that a peaceful demonstration during the Covid-19 lockdown period, without evidence of unlawful assembly, restraint of individuals, negligence leading to the sprea....
The mandatory nature of Section 195 Cr.P.C. and the requirement of a complaint in writing by the public servant concerned for initiating proceedings under Section 188 of the Indian Penal Code.
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