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Madras High CourtCRL OP/9519/2022allowed

Mohammed Faruk v. State Rep By Its

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.5.2022

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.9519 of 2022 and Crl.M.P No.5537 of 2022

1. Mohammed Faruk

2. Sowhath Ali

3. Abdul Raheem

4. Jameer Basha

5. Mohammed Iqbal

6. Siddiq Basha

...Petitioners

Vs.

State Rep. by The Special Sub Inspector of Police V.Kalathur Police Station Perambalur.

(Crime No.347 of 2020)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to Crime No.347 of 2020 on the file of the respondent and quash the same as illegal and without jurisdiction. For Petitioners : Mr.I.Abdul Basith For Respondent : Mr.E.Raj Thilak Addl. Public Prosecutor

ORDER

I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor accepting notice for the respondent.

2.This petition has been filed to quash the first information report in Cr.No.347 of 2020 pending on the file of the respondent.

3.The said first information report came to be registered during the pandemic period on the ground that the petitioners assembled and protested in the public road in spite of https://hcservices.ecourts.gov.in/hcservices/

prohibitory orders that were passed under Section 144 of the Criminal Procedure Code.

4.It is brought to the notice of this Court that the Director General of Police has already issued a communication to all the Police Stations across the State of Tamil Nadu to close all the first information reports that were registered during Covid-19 pandemic period.

5.In view of the above, the first information report registered in Cr.No.347 of 2020 pending on the file of the respondent police is hereby quashed and this criminal original petition is accordingly allowed. Consequently, the connected CMP is closed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar RS To

1. The Special Sub Inspector of Police V.Kalathur Police Station Perambalur.

2. The Public Prosecutor, High Court, Madras CRL.O.P No.9519 of 2022 & Crl.M.P No.5537 of 2022 SV(CO) RGA(26/05/2022) https://hcservices.ecourts.gov.in/hcservices/