Madras High CourtCRL OP(MD)/3149/2022allowed

T. Kanagaraj v. The Inspector Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3149 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3149 of 2022

1. T.Kanagaraj

2. T.Alex Pandian ... Petitioners/Accused 1 & 2 Vs.

1.The Inspector of Police Uthumalai Police Station, Tenkasi District.

(In Crime No.127 of 2020 ) ... Respondent/Complainant 2.S.V.Balaji, Sub Inspector Police, Uthumalai Police Station, Tenkasi District.

... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the FIR in Crime No.127 of 2020 pending on the file of 1st respondent police and quash the same as illegal.

For Petitioners : M/s.RajeshKumar.R For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor(Crl.Side)

ORDER

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

2. The petitioners along with other accused roamed in street in violation of the lock down restrictions on 07.04.2022. Hence, Crime No.127 of 2020 was registered on the file of Kulasekaram police station for the offences under Sections 270 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 down restrictions. In these circumstances, continuance of the impugned prosecution is not warranted.

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Crl.O.P.(MD) No.3149 of 2022

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

Sd/- Assistant Registrar (T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Inspector of Police Uthumalai Police Station, Tenkasi District.

2.The Sub Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

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