Madras High CourtCRL OP(MD)/2586/2022allowed

Sadaipandi v. The Sub Inspector Of Police

2022-02-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2586 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2586 of 2022 and CRL.M.P.(MD)No.1932 of 2022 Sadaipandi ... Petitioner/Sole Accused Vs.

The Sub Inspector of Police Krishnankovil Police Station Virudhunagar District ... Respondent/Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.583 of 2020 dated 17.06.2020 pending on the file of the respondent police as against the petitioner and quash the same.

For Petitioner : Mr.B.Sathish Kumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor.

O R D E R

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

2. The petitioner was roaming around in violation of the lock down restrictions on 17.06.2020. Hence, Crime No. 583 of 2020 was registered on the file of Krishnankovil police station for the offences under Section 269 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.

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

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2586 of 2022 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 Sub Inspector of Police Krishnankovil Police Station Virudhunagar District

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

Crl.O.P.(MD)No.2586 of 2022 08.02.2022 SK(CO) GC(17.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2