S.MUTHUSAMY Vs. STATE

JUDGEMENT

(1.) This petition has been filed to call for the records relating to the criminal case in STC.No.309 of 2021 on the file of the Ld.Judicial Magistrate No.2, Erode and quash the same by allowing this Criminal Original Petition.

(2.) The petitioners/accused Nos.1, 2, 4, 5, 7 to 10 in STC.No.309 of 2021, for the offence under Ss. 143, 269, 270 IPC r/w Sec. 51 (b) of the Disaster Management Act, 2005, have filed this petition.

(3.) The gist of the complaint is that on 1/12/2020, the respondent Police was on the routine patrol duty, in view of the lock down imposed due to Covid-19 pandemic situation and to implement the prohibitory order under Sec. 144 of Cr.P.C. passed by both the Central Government and State Government in curtailing and controlling the spread of Covid-19 pandemic. At about 13.25 hours, a group of persons assembled near Panneerselvam Park, Erode Town to garland the statue of their political leader Dr.Kalaignar, former Chief Minister of Tamil Nadu. They were not following the Standard procedure to avoid spread of virus. Hence, a case in Crime No.977 of 2020, for the offence under Ss. 143, 269, 270 IPC r/w Sec. 51 (b) of the Disaster Management Act, 2005, came to be registered. Thereafter, on the same day, final report was made ready against 10 persons. The trial Court had taken the case on file on 5/1/2021 in STC.No.309 of 2021.