Madras High CourtCRL OP(MD)/2168/2022allowed

Mahadevanpillai v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2168 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2168 of 2022 and Crl.M.P(MD)No.1601 of 2022 Mahadevanpillai ... Petitioner/ 1st Accused Vs.

1.The State represented by The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

(Crime No.372 of 2021)

...Respondent/Complainant

2.Josephraj Sub-Inspector, Boothapandy Police Station, Kanyakumari District.

...Respondent/ Defacto Complainant

Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with Crime No.372 of 2021, on the file of the first respondent police and quash the FIR insofar as the petitioner/1st Accused is concerned. For Petitioner : Mr.S.Vijayakumar For Respondents : Mr.M.Veeranthiran Govt. Advocate (Crl. Side)

O R D E R

The petitioner is shown as an accused in Crime No.372 of 2021, registered on the file of Boothapandy Police Station for various offences.

2.The case of the prosecution is that the accused had assembled in violation of the lock down restrictions and caused impediment to free flow of traffic. They also committed nuisance by not adhering to the police directions.

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Crl.O.P(MD)No.2168 of 2022 3.It is seen that the accused is a member of a political party. Their leader had been arrested. Condemning the same, the agitation was held. In a democratic society such events are normal happenings. The accused did not indulge in any act of violence. They were not suffering from any infectious disease. They did not contribute to its spread. When they were arrested, they co-operated and they were kept in a Kalyana Mandapam. The matter was over in a short while.

No adverse consequence ensued. Therefore, the impugned FIR is quashed.

4.With the said observation, this Criminal Original Petition is allowed. The benefit of this order will enure in favour of the nonpetitioning accused also. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (AS) // 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, Boothapandy Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.2168 of 2022 02.02.2022 RK(16/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2