7. On a perusal of records and submissions of both sides, it is seen that on 03.08.2020, the petitioners went out without any reason, while prohibiting order was in force under Section 144 Cr.P.C. A case can be registered only if a person indulges in the act to believe that the disease can be spread to others. There is no material to show that the petitioner were not wearing mask while showing protest. Thus, the offences are not made out, because the petitioners did not indulge in any activity that may spread disease to others.
8. Admittedly in this case, the occurrence had taken place in the public place and view, no public or independent witness examined by the prosecution, which causes serious doubt on the veracity of the complaint. Further, this Court in the case of “Jeevanandham and others Vs. State Rep. by Inspector of Police and another reported in (2018) 2 LW Crl. 606” had clearly held that the police officials are not empowered to register a case under Section 188 IPC and the same is barred under Section 195 Cr.P.C. There is no material to show that there was any promulgation of any prohibitory order which was communicated to the public and there was any disobedience by the petitioners. Further, in consequence to the protest, the prosecution failed to show whether any trouble injuries occurred. Thus, the respondent Police did not follow the guidelines issued by this Court in Jeevanandham (Cited Supra). In several cases, this Court quashes the proceedings against the accused/protesters on the similar ground.
9. In the result, the proceedings in S.T.C.No.211 of 2020, on the file of the Judicial Magistrate Court, Ambur is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petitions are closed.
PARTY: 1. Chidhambaram & 35 others vs. State rep. by, Inspector of Police, Ambur Town Police Station, (Law and Order), Vellore – 600 001 (Crime No.1750 of 2020) – Crl.O.P.No.1862 of 2022 – 01.02.2022 – CORAM: THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR.
