Back
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
| Table of Content |
|---|
| 1. petition filed under section 528 cr.pc. (Para 1 , 2 , 3) |
| 2. claim of lawful assembly and challenges to fir. (Para 4 , 5) |
| 3. importance of written complaint under section 195 cr.pc. (Para 6 , 8 , 9) |
| 4. court remarks on the necessity of specific complaints for cognizance under section 188 ipc. (Para 7) |
| 5. prosecution must show negligence to prove section 269 ipc. (Para 10 , 11) |
| 6. charge sheet quashed based on legal observations. (Para 12 , 13) |
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 pa
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
