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3.In Crl.O.P.(MD)No.8680 of 2019, on the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No. 50 of 2018 against seven persons for the alleged offences under Sections 143, 188, 353, 286 IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000.

4.The first respondent after completing the investigation, has laid a final report dated 30.01.2018 under Section 173 Cr.P.C. against 22 accused arraying the petitioner as the accused No.15 for the alleged offences under Sections 143, 188, 353, 286, 290, 291 IPC, Section 3-A of https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)Nos.8680 & 8681 of 2019 TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000 and the case was taken on file in C.C.No.306 of 2018 and the same is pending on the file of the learned Judicial Magistrate, Valliyoor.

19.Regarding the offence under Section 290 and 291 IPC, it is necessary to refer the judgment of this Court in Crl.O.P.(MD)No.1300 of 2019 dated 25.01.2022 in Karthi and others vs. State represented by the Inspector of Police, Batlagundu Police Station, Dindigul District and another has held, “9.Section 290 I.P.C., covers all such cases of public nuisance for which no separate provisions for punishment under the Code have been made.

22.As rightly held in Jeevanandham's case, the violation of Section 30(2) of the Police Act will not constitute an offence under Section 143 IPC, as an order passed under Section 30(2) of the Police Act is only regulatory in nature, by which, the police cannot prohibit any agitations.

23.The learned counsel for the petitioner has relied on a judgment https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)Nos.8680 & 8681 of 2019 of this Court in Crl.O.P.(MD)No.8242 of 2018 dated 01.11.2019 in Subramaniya Thevar and others vs. The Inspector of Police, Achanpudur Police Station and another. In the said case, FIR came to be registered for the offences under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986 and the relevant passages are extracted hereunder:-

“6.On perusal of the F.I.R, it is seen that the petitioners have attempted to nuisance before the Panmazli Nagreeswaramudayat Temple, without any permission in prohibited area, while prohibitory order was in force. Therefore the respondent police levelled the offences under Sections 188, 353, 286, 290, 291 of IPC and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889 and Section 15(1) of the Environment Protection Act, 1986 as against the petitioners. Except the official witnesses, no one has spoken about the occurrence and no one was examined to substantiate the charges against the petitioners. It is also seen from the charge itself that the charges are very simple in nature and trivial. Section 188 reads as follows: