Madras High CourtCRL OP(MD)/2873/2022allowed

L.Lingeshwaran v. The Inspector Of Police

2022-02-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2873 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2873 of 2022 and Crl.M.P(MD) No.2160 of 2022 L.Lingeshwaran ... Petitioner/ 5th Accused Vs

1. The State Rep. by Inspector of Police, Sanarpatti Police Station, Dindigul District.

...1st Respondent/ Complainant

2. Mr.Domnic Grade-1 Police Constable Sanarpatti Police Station, Dindigul District.

...2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in connection with the impugned F.I.R in Crime No. 171 of 2020 pending on the file of Inspector of Police, Sanarpatti Police Station, Dindigul District and quash the same in so far as the petitioner is concerned For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

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

2. The petitioner along with other roamed around the street in violation of the lock down restrictions on 31.03.2020. Hence, Crime No.171 of 2020 was registered on the file of Sanarpatti police station, Dindigul District for the offences under Section 269 of IPC.

3. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2873 of 2022 down restrictions. In these circumstances, continuance of the impugned prosecution is not warranted.

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar To 1.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

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

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-5479[F] dated 10/02/2022 ) Crl.O.P.(MD)No.2873 of 2022 10.02.2022 aav MS/22.02.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2