Madras High CourtCRL OP(MD)/2986/2022allowed

Selvakumar v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.2986 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2986 of 2022 Selvakumar ... Petitioner/Sole Accused Vs.

1.The State represented by, The Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.321 of 2020) ... 1st Respondent/ Complainant 2.K.U.Karuppasamy ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to Crime No.321 of 2020, on the file of the first respondent and quash the same as against the petitioners is concerned.

For Petitioner : Mr.P.Manikandan For R - 1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.321 of 2020 on the file of the first respondent. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The case of the prosecution is that on 23.04.2020, the petitioners roamed in the road by using two-wheeler, when the Covid lockdown announced by the Government. Hence, Crime No.321 of 2020 was registered on the file of the first respondent for the offence under Section 269 I.P.C.

4. I will not fault the first 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2986 of 2022 the impugned prosecution is not warranted.

5. Therefore, the impugned First Information Report in Crime No.321 of 2020, on the file of the first respondent, is quashed. This Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 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, Vadamadurai Police Station, Dindigul District.

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

Crl.O.P(MD)No.2986 of 2022 11.02.2022 SAR(CO) SB(26.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2