E.Kumaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH and Crl MP No.5489 of 2024 E.Kumaran .. Petitioner Vs.

1. State by Inspector of Police, CCB-I, Chennai ..Respondent

2. G.Durairaj ... respondent / Defacto complainant PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.237 of 2020 pending on the file of Inspector of police, CCB-I, Chennai and quash the same. For Petitioner : Mr.N.Sudharsan For Respondent No.1 : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to quash the FIR in Crime No.237 of 2020, pending on the file of Inspector of police, CCB-I, Chennai.

2.

Heard Mr.N.Sudharsan, learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of respondents.

3.

The case of the prosecution is that A1, A2 and A3, who are vehicle drivers obtained e-pass during the Covid period through illegal means for their benefit through A4 and A5, who were working in the Chennai Collectorate. The petitioner in the present case was working as a Senior Revenue Inspector and he has been arrayed as A5 in the FIR. 4.

In the considered view of this Court, the entire incident had

taken place during the pandemic period. The situation was so serious that event for access to public place and travel, e-pass was required. A4 and A5 are said to have issued e-pass to A1 to A3 and the allegation is that such issuance of e-pass was illegal and unlawful, since it had the propensity to spread the infection COVID 19. Money was also received in this regard. No useful purpose will be served in prosecuting this case at this length of time, since normalcy has now been restored. Certain events which took place during COVID which was considered to be very serious at that point of time, does not carry any meaning at this point of time. 5.

In the light of the above discussion, this Court is inclined to exercise its jurisdiction under Section 482 of Cr.PC. and hence, the FIR in Crime No.237 of 2020 pending on the file of 1st respondent is quashed in its entirety.

6.

This Criminal original Petition is allowed. Consequently, the connected miscellaneous petition is closed.

Index : Yes/No 28.03.2024 Internet : Yes/No rka

N.ANAND VENKATESH, J.

rka To

1. State by Inspector of Police, CCB-I, Chennai 2.The Public Prosecutor, High Court, Madras.

28.03.2024