Madras High CourtCRL OP(MD)/342/2025allowed

Praveenkumar v. The State Of Tamilnadu

2025-01-20Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR and Crl.M.P(MD) No.213 of 2025

1. Praveenkumar

2. Arunkumar ... Petitioners Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Usilampatti Police Station, Madurai District.

Crime No.784 of 2020.

2. Raja ... Respondents Prayer: Criminal Original Petition filed under section 528 of BNSS to call for the records pending in C.C.No.50 of 2023 on the file of the Judicial Magistrate No.I, Usilampatti, Madurai and quash the same as against the petitioners.

For Petitioners : Mr. M.Jegadeesh Pandian For Respondent : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to quash the case in C.C.No.50 of 2023 on the file of the Judicial Magistrate No.I, Usilampatti, Madurai as against the petitioners. 2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record. 3.In violation of the lock down restrictions on 26.06.2020, a case in Crime No.784 of 2020 was registered on the file of respondent police for the offences under Sections 147, 143, 188, 269, 353, 294(b) and 506(i) IPC.

4.The said case was registered during the pandemic situation, as per the State Government's circular. Now, 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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5.Therefore, the impugned charge sheet is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

20.01.2025 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order PNM To 1.The Judicial Magistrate No.I, Usilampatti, Madurai 2.The Inspector of Police, Usilampatti Police Station, Madurai District.

Crime No.784 of 2020.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai 3/4

M. NIRMAL KUMAR, J.

PNM ORDER IN Crl.O.P(MD) No. 342 of 2025 and Crl.M.P(MD) No.213 of 2025 20.01.2025 4/4