Criminal proceedings can be quashed when the final report fails to disclose the specific essential ingredients of the alleged offences, as mechanical prosecutions based on omnibus or vague allegations constitute an abuse of the process of law.

ORDER :

L. VICTORIA GOWRI, J.

The present Criminal Original Petition has been filed by the petitioners, who are arrayed as Accused Nos.1, 2, 5 to 7 in C.C.No. 441 of 2023 on the file of the learned Judicial Magistrate No.I, Karur, seeking quashment of the final report arising out of Crime No.1531 of 2021, registered for the offences under Sections 143, 341, 294(b), 353, 290, 285 and 269 IPC and Section 3 of the Epidemic Diseases Act, 1897.

Case of the Prosecution:

2. The occurrence is alleged to have taken place on15.10.2021 at about 11.30 a.m. According to the prosecution, the petitioners, being members of the Bharathiya Janatha Party, had assembled in a public place during the Covid-19 period, allegedly to celebrate the announcement of the Tamil Nadu Government relating to the opening of temples on Fridays, Saturdays and Sundays.

3. It is further alleged that the petitioners and others assembled without obtaining permission from the competent authority, violated traffic rules, caused public nuisance, disobeyed the directions of the police and thereby committed the offences alleged in the final report.

4. On the basis of the complaint lodged by the Village Administrative Officer, the respondent police registered the FIR in Crime No.1531 of 2021 on the same day at about 3.30 p.m. After completion of investigation, the respondent filed the final report before the learned Judicial Magistrate No.I, Karur, and the same was taken on file in C.C.No.441 of 2023.

Grounds for quash:

5. The principal grounds raised by the petitioners are as follows:

5.1. Firstly, the petitioners contend that the prosecution is politically motivated and that their names have been included merely because they belong to a political party.

5.2. Secondly, it is submitted that the alleged gathering was peaceful, without arms and without any act of violence, and therefore, the same would fall within the constitutional protection of peaceful assembly under Article 19(1)(b) of the Constitution of India.

5.3. Thirdly, the petitioners contend that the final report does not disclose any specific overt act against each of the petitioners and that omnibus allegations have been made without individual attribution.

5.4. Fourthly, it is submitted that all the witnesses are either Government officials or police personnel and no independent public witness has been examined, though the alleged occurrence is said to have taken place in a public place.

5.5. Fifthly, it is submitted that the ingredients of Sections 143, 341, 294(b), 353, 290, 285 and 269 IPC and Section 3 of the Epidemic Diseases Act, 1897 are not made out even if the prosecution materials are accepted in their entirety.

Submissions on either side:

6. The learned counsel for the petitioners submitted that the final report is a stereotyped prosecution arising out of a political gathering during the Covid-19 period. According to him, the prosecution has failed to specify the particular prohibitory order or statutory direction allegedly violated by the petitioners. It was further submitted that mere assembly in a public place, without violence, without weapons and without any specific act of obstruction, cannot attract Section 143 IPC.

7. As regards Section 341 IPC, it was argued that there is no allegation that any particular person was wrongfully restrained from proceeding in any direction in which he had a right to proceed. With respect to Section 294(b) , the learned counsel submitted that the final report does not disclose the exact obsc