Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 CRL.MC NO. 1220 OF 2022 CRIME NO.0068/2022 OF PATTAMBI POLICE STATION, PALAKKAD PETITIONERS/ACCUSED:
1 VENUGOPALAN AGED 56 YEARS, SON OF GOPALAN NAIR, KANJEERI HOUSE, PO KURUMBATHOOR, (VIA) THIRUNAVAYA, MALAPPURAM DISTRICT -676 301, EXECUTIVE OFFICER, MUTHUTHALA MAHAGANAPATHY TEMPLE, MUTHUTHALA MALAPPURAM, PIN - 676301 2 ABIJITH AGED 28 YEARS, SON OF BHASKARAN, PUSHPANJALIL, MUTHUTHALA, PALAKKAD DISTRICT-679 303 3 RENJEEV AGED 47 YEARS, SON OF RAMACHANDRAN, BABALAYAM, MUTHUTHALA, PALAKKAD DISTRICT-679 303 4 MAHESH AGED 26 YEARS, SON OF MOHANDAS, MANAKKALTHODI HOUSE, MUTHUTHALA, PALAKKAD-679 303 5 HAREESH AGED 24 YEARS, SON OF MOHANDAS, MANAKKALTHODI HOUSE, MUTHUTHALA, PALAKKAD-679 303 BY ADV K.MOHANAKANNAN
RESPONDENTS/STATE & DEFACTO COMPLAINANTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKULAM -682 012 2 STATION HOUSE OFFICER PATTAMBI POLICE STATION, PALAKKAD DISTRICT-679 303 BY ADV. SRI RENJITH TR, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.1220 of 2022 --------------------------------------- Dated this the 30th day of November, 2023
ORDER
This Criminal Miscellaneous Case is filed with the following prayers; “To quash Annexure A1 FIR and all further proceedings in Crime No.68/2022 of Pattambi Police Station and orders may be passed accordingly.”
2. When this case came up for consideration originally, this Court was pleased to stay the proceedings as per order dated 21.02.2022, which is extracted hereunder; “Admit. The learned Public Prosecutor takes notice for
the respondents. Crl.MA No.1/2022 The Crl.M.C. is filed challenging the FIR in Crime No.68 of 2022 which was registered for the offences punishable under Section 4(2)(e) and 4(2)(j) of the Kerala Epidemic Diseases Act, 2021 and Section 3(b&e) of Kerala Epidemic Disease Corona Virus Disease (COVID-19) Additional Regulations, 2020. The allegation is regarding the violation of Covid-19 protocol during the festival in the temple and the petitioners are the executive officers and the committee members of the temple as well as the owners of the artificial bullock used for the festival. It is submitted by the learned counsel for the petitioners that the festival was on 11.02.2022 and as per Annexure A8, the Government granted relaxation in the covid protocol with regard to the festivals in temple. It is pointed out that, as per the relaxed
regulations, no offence is attracted. Considering the facts and circumstances of the case, I find a prima facie case in favour of the petitioners and accordingly, all further proceedings in Crime No.68 of 2022 of Pattambi Police Station, Palakkad are hereby stayed for a period of one month. The 2nd respondent is directed to file a report in the meanwhile.”
3. Subsequently the order was modified by this Court as per order dated 13.10.2023, which is extracted hereunder;
“I make it clear that the investigation in Crime No.68/2022, Pattambi Police Station can continue, but no coercive steps against the petitioners shall be taken. The investigating officer will submit progress of the investigation within one month. Issue a copy of this order to the Public Prosecutor who will communicate the same to the
investigating officer.”
4. Today, when the matter came up for
consideration, the learned Public Prosecutor submitted that a final report is filed against the petitioners on 31.10.2023 before the Judicial First Class Magistrate Court, Pattambi and the case is numbered as ST No.2284/22.
5. In the light of the same, nothing survives in this case, because this Criminal Miscellaneous Case is filed to quash the FIR. If, the petitioner is aggrieved by the final report, the petitioner is free to do the needful, in accordance with law.
With the above observation, this Criminal Miscellaneous Case is disposed of. Sd/- P.V.KUNHIKRISHNAN nvj JUDGE APPENDIX OF CRL.MC 1220/2022 PETITIONER ANNEXURES ANNEXURE1 COPY OF THE FIR IN CRIME NO.68/2022 OF PATTAMBI POLICE STATION DATED 11-2-2022 ANNEXURE2 COPY OF THE DECISION OF THE TEMPLE FESTIVAL COMMITTEE DATED 12-1-2022 ANNEXURE3 COPY OF THE COMMUNICATION DATED 29-1- 2022 SENT BY THE 1ST PETITIONER TO THE CIRCLE INSPECTOR OF POLICE PATTAMBI ANNEXURE4 COPY OF THE NOTICE PUBLISHED BY THE DEVASWOM ON 5-2-2022 ANNEXURE5 COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 1-2-2022 ANNEXURE6 COPY OF THE CIRCULAR ISSUED BY THE MALABAR DEVASWOM BOARD DATED 9-11-2021 ANNEXURE7 COPY OF THE RELEVANT PAGES OF THE STATUTE NAMELY THE EPIDEMIC DISEASES ACT ANNEXURE8 COPY OF THE GO(RT)NO.138/2022/ DMD DATED 11-2-2022 RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE