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Madras High CourtCRL OP(MD)/2347/2022allowed

C.Julius Caesar v. The Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.2347, 2350 and 2352 of 2022 In Crl.O.P.(MD)No.2347 of 2022 C.Julius Caesar

...Petitioner/Single Accused

Vs.

1.The State rep by The Inspector of police, (Crime No.651 of 2020) 2.K.Anguthai The Sub-Inspector of Police,

...Respondents/Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records pertaining to the case in Crime No.651 of 2020 on the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) In Crl.O.P.(MD)No.2350 of 2022 A.Agastin

...Petitioner/Single Accused

Vs.

1.The State rep by The Inspector of police, (Crime No.652 of 2020) 1/3

2.K.Anguthai The Sub-Inspector of Police,

...Respondents/Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records pertaining to the case in Crime No.652 of 2020 on the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) In Crl.O.P.(MD)No.2352 of 2022 A.Prince

...Petitioner/Single Accused

Vs.

1.The State rep by The Inspector of police, (Crime No.653 of 2020) 2.K.Anguthai The Sub-Inspector of Police, Thoothukudi District. ...Respondents/Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records pertaining to the case in Crime No.653 of 2020 on the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District and quash the same as against the petitioner.

For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) COMMON ORDER In these three Criminal Original Petitions, three different FIRs are under challenge.

2. All the FIRs were registered against the respective accused on account of violation of lockdown restrictions. It is not in dispute that the accused were not suffering from any infectious disease. Therefore, Section 269 IPC could not have been invoked against him. Likewise, Section 188 IPC also could not have been invoked straight away and on their own by the police as it runs the 2/3

counter to ratio laid down in Jeevanandham and others Vs State reported in 2018(2) L.W (Crl.) 606. Looked at from any angle, the prosecution is not maintainable. The impugned FIRs are quashed. The Criminal Original Petitions are allowed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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, 2.The Sub-Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)Nos.2347, 2350 and 2352 of 2022 04.02.2022 NSN(CO) GC(23.02.2022) 3P 4C 3/3