Bala Baskaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5433 of 2022 Mr.Bala Baskaran ... Petitioner Vs.

The State Rep. by Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

(Crime No.779 of 2020 U/Sec.188 & 269 IPC) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to call for the records and quash the FIR in Crime No. 779 of 2020 on the file of the respondent police. For Petitioner : Mr.A.Arokia Satheesh For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

This petition has been filed seeking to call for records pertaining to the First Information Report in Crime No. 779 of 2020 on the file of the Inspector of Police, Cuddalore NT Police Station, Cuddalore District and quash the same.

2. The respondent has raised a case against the petitioner for the offence under Sections 188 and 269 of IPC. The allegations against the petitioner is that on 05.07.2020 at about 7.40 am, the Sub-Inspector of Police accompanied with two other policemen were on patrol duty to see whether anyone was violating the Section 144 Cr.P.C issued by the Central and State Government to prevent the spread of the Corona. Based on the complaint given by the Sub-Inspector of Police registered a case in Crime No.779 of 2020 for the offence punishable under Sections 188 and 269 of IPC.

3. The learned counsel for the petitioner would submit that the respondent had registered a case for the offence under Sections 188 and 269 of IPC.

4. The learned counsel appearing for the petitioner would submit that the facts of the case are similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.

5. The learned Additional Public Prosecutor would submit that the petitioner was found loitering on 05.07.2020 at about 7.40 am, in defiance the SOP issued by the Central and State Government. He would submit that the facts of this case are covered under the Judgment referred to above.

6. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

7. The facts of this case is covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the proceedings in Crime No. 779 of 2020 dated 05.07.2020 on the file of the respondent police, Cuddalore NT Police Station, Cuddalore District is hereby quashed and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar nti/nr

To

1. The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.Arokta Satheesh, Advocate SR.No.15714 Crl.O.P.No.5433 of 2022 NK(CO) CB(22/03/2022)