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This Criminal Original Petition is filed to call for the records made in F.I.R Crime No.916 of 2020 on the file of Chidambaram Town Police Station, Chidambaram, the first respondent herein and quash the same.

2.The learned counsel for the petitioner submitted that petitioner is an accused in First Information Report in Crime No.916 of 2020 being prosecuted for the offences under Sections 143, 188 & 271 I.P.C. Petitioner is a member of Congress Political party. On 29.06.2020, when Covid -19 restrictions was in force, without getting prior permission, petitioner along with five others unlawfully assembled near Chidambaram Post office, protested and raised slogans against the Central and State Government for increased costs of petrol, thereby, causing spread of Corona virus among the general public.

10.Section 271 I.P.C reads as follows:-

271.Disobedience to quarantine rule – Whoever knowingly disobeys any rule made and promulgated https://www.mhc.tn.gov.in/judis Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infections disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

This Section deals with disobedience of quarantine rule made and promulgated by the Government for putting any vessel into a state of quarantine etc. It is not a case where any vessel is involved. There is no material produced to show that any rule is made and promulgated with regard to quarantine. Thus, in the facts and circumstances of the case, this Court is of the view that no ingredients are made out for prosecuting the petitioner under Section 271 I.P.C.

11.As per Section 468 of Cr.P.C., the final report ought to have been filed within a period of one year from the date of commission of offence when an offence is punishable with imprisonment which may extend to one year. The offences under Section 143,188 & 271 I.P.C. are punishable with less than one year imprisonment. The F.I.R. was registered in this case on https://www.mhc.tn.gov.in/judis 29.06.2020. Till date, final report is not filed. Therefore, even if the final report is filed now, in view of the bar under Section 468 of Cr.P.C., the Court cannot take cognizance of the offences. In view of the above, continuance of the criminal proceeding in Crime No.916 of 2020 against the petitioner is nothing but an abuse of process of law.