Madras High CourtCRL OP(MD)/645/2022allowed

V. Anto Vinoth v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.645 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.645 of 2022 & Crl.M.P.(MD)No.473 of 2022 V.Anto Vinoth

...Petitioner/

Accused Rank No.5 Vs.

State represented by The Sub Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.150 of 2020) ... Respondent/ Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records relating to the FIR in Crime No.150 of 2020 dated 24.04.2020 on the file of the respondent police and to quash the same as against the petitioner concerned. For Petitioner : Mr.K.Sudalaiyandi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 150 of 2020 on the file of the 1st Respondent.

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

3.The petitioner and 13 others gathered near the playground in violation of the lock down restrictions on 24.04.2020. Hence, Crime No.150 of 2020 was registered on the file of respondent police station for the offences under Sections 143, 188 and 269 of I.P.C. 4.I will not fault the respondent for having registered the impugned First Information Report. But no adverse consequence ensued. It is seen that the Government has taken a policy decision not to pursue the cases registered in the wake of breach of lock down restrictions. In these circumstances, continuance of the impugned prosecution is not warranted.

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Crl.O.P.(MD)No.645 of 2022 5.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Sub Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.150 of 2020)

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SUDALAIYANDI, Advocate (SR-11694[F] dated 11/03/2022 ) Crl.O.P.(MD)No.645 of 2022 & Crl.M.P.(MD)No.473 of 2022 11.03.2022 RK(25/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2