Madras High CourtCRL OP(MD)/603/2022allowed

Vishwak v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.603 of 2022 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.603 of 2022 and CRL.M.P.(MD)No.441 of 2022 Vishwak ... Petitioner / Sole Accused Vs.

1. State rep. By, The Inspector of Police, Rajapalayam North police station, Virudhunagar District.

(Crime No.276 of 2020) ... 1st Respondent / Complainant

2. G.Vengatesh ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records of the First Information Report in Crime No.276 of 2020 on the file of the first respondent and quash the same as illegal.

For Petitioner : Mr.A.Balaji For R-1 : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

O R D E R

This criminal original petition has been filed to quash the impugned First Information Report.

2. The case of the prosecution is that on 29.04.2020, the petitioner was found roaming in a two wheeler in violation of the lock down restrictions. Hence, the impugned First Information Report came to be registered for the offence under Section 269 of I.P.C.

3. It is not the case of the prosecution that the petitioner was suffering from any infectious disease or contributing to its spread. Hence, the impugned First Information Report deserves to be https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.603 of 2022 and quashed and the same 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) PMU 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 Inspector of Police, Rajapalayam North police station, Virudhunagar District.

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

Crl.O.P.(MD)No.603 of 2022 12.01.2022 RK(27/01/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2