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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.MURALI SHANKAR
Palanisamy – Appellant
Versus
State represented by The Sub-Inspector of Police, K.Paramathi Police Station – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
The Criminal Original Petition has been filed invoking Section 528 of BNSS seeking orders to call for the records pertaining to the case in S.T.C.No. 175 of 2023, pending on the file of the District Munsif cum Judicial Magistrate, Aravakurichi, Karur District and quash the same.
2. The case of the prosecution is that on 16.06.2020 at about 10.50 hours near Karur-Paramathi Bazar street, the petitioners being the members of the CPI(M) political party had assembled unlawfully, when the Covid-19 lock down was in force and conducted a demonstration raising various demands that 100 days work scheme is to be extended to 200 days with a pay of Rs.350/- per day, that the State and Central Governments have to pay Rs.7,500/-per month for people affected with Corona and that the ration shops are to be directed to give10kg per person.
3. The second respondent has registered F.I.R., in Cr.No.322 of 2020 against the petitioners herein for the alleged offences under Sections 143 , 188, 269 I.P.C., r/w 3 of EPIDEMIC DISEASES ACT .
4. The case of the petitioners is that the petitioners are the members of the National Political Party, that they have assembled to raise lawfu
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....
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 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 inability of police to register FIR under Section 188 IPC without a written complaint from an authorized public servant renders proceedings unsustainable.
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