Madras High CourtCRL OP(MD)/4756/2022allowed

Lingarajan Malairaj @ Lingapandi v. The Inspector Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4756 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4756 of 2022 Lingarajan Malairaj @ Lingapandi

...Petitioner/Accused

Vs.

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

(Crime No. 308 of 2020)

2. TR Nanthakumar, Village Administrative officer, Pogalur group, Ramanathapuram District.

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the case in Crime No. 308 of 2020 dated 01.12.2020 on the file of the 1st respondent i.e., the Inspector of police, Chatrakudi Police Station, Ramanathapuram District and quash the same and all further proceedings.

For Petitioner : Mr.M.Sivasankar For R1 & R2 : Mr.R.M.Anbunithi 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 and others gathered and started protest against the removal of the Prime Minister's photo, which was displayed in Block Development Office, Bogalur Block, Ramanathapuram in violation of the lock down restrictions on 01.12.2020. Hence, Crime No.308 of 2020 was registered on the file of Chatrakudi police station for the offences under Sections 143, 341, 290, 269 and 285 of I.P.C.

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.4756 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.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

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

Crl.O.P.(MD) No.4756 of 2022 14.03.2022 MGJ(25.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2