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Synopsis

The Madras High Court has recently quashed a criminal case registered against a man for protesting the arrest of the DMK Youth Wing Secretary. 

The bench of Justice G Ilangovan observed that none of the ingredients mentioned in Section 141, IPC (Unlawful assembly) were present in the matter at hand to prosecute the accused. Court pointed out that the record showed that the accused along with others had “simply made agitation”. 

"It is a democratic right of every person to raise voice against the political or Government demanding legal action. Such a right has been exercised by the petitioner. So, that cannot be construed as 'unlawful or illegal'," emphasised the single judge bench. 

Further regarding Section 270, IPC that covers individuals engaging in acts likely to spread a life-threatening infectious disease, the court observed that the Government had taken a policy decision to withdraw the cases registered against the public for pandemic violation.

For these reasons, court allowed the criminal original petition and ordered the quashing of the case against the accused.

The case of the prosecution, in brief, was that in November, 2020, accused namely Annavelu conducted a demonstration on the Highway Road at Velayutham Palayam against the arrest of the DMK Youth Wing Secretary, when the Covid-19 restrictions were in force.

Based upon this, a case was registered for the offences under Sections 143, 270 IPC, and section 3 of the Epidemic Disease Act, 1897 against him. After completing the investigation, a charge sheet was filed and it was taken cognizance by the Judicial Magistrate in Karur.

Seeking direction to quash the same, accused moved the high court on the ground that none of the allegations mentioned in the FIR attracted any of the ingredients of the offences alleged against him.

Case Title: Annavelu v. State and Another