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Madras High CourtCRL OP(MD)/4279/2022allowed

Ananth @ Anand v. The Inspector Of Police

2022-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4279 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4279 of 2022 Ananth @ Anand

...Petitioner

Vs.

1. The State rep. by The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(Crime No. 04 of 2022)

2. Muthuramu

...Respondents

The Sub Inspector of Police, Bazaar Police Station, Ramanathapuram District.

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the case in Cr.No. 04 of 2022 dated 06.01.2022 on the file of the 1st respondent i.e., the Inspector of Police, Bazarr Police Station, Ramanathapuram District and quash the same and all further proceedings. For Petitioner : Mr.M.Sivasankar For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to quash the proceedings in Crime.No. 04 of 2022 dated 06.01.2022 on the file of the first respondent.

2.On 06.01.2022, the petitioner and others have assembled and conducted a protest against the Governance of Punjab State without getting prior permission in violation of the lock down restrictions. Hence, Crime No.04 of 2022 was registered on the file of Bazaar police station, Ramanathapuram District, for the offences under Sections 143, 269, 290, 341 and 291 of I.P.C. 3.I will not fault the respondent for having registered the impugned First Information Report. But no adverse consequence https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4279 of 2022 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.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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, Bazaar Police Station, Ramanathapuram District.

2.The Sub Inspector of Police, Bazaar Police Station, Ramanathapuram District.

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

Crl.O.P.(MD) No.4279 of 2022 04.03.2022 RD(17.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2