G.Mathanprabhu v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3509 of 2022 and Crl.M.P(MD) No.2587 of 2022
1. K.Mathanprabhu
2. B.Savariyar Raja
3. J.Maria Vasanth Jossph
4. V.Arul Mugilan
5. J.Justin Kennedy
6. F.Simo Sebasthiyar
...Petitioners/Accused Nos 1,2,3,4,6 &7
Vs.
The Sub-Inspector of Police Kannivadi Police Station Kannivadi Dindigul District
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records in pursuant to the proceedings of the First Information Report in crime No.03 of 2021 on the file of the respondent dated 01.01.2021 and quash the same as devoid of merits. For Petitioners : M/s.Selvakumar S For Respondent : 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 along with other accused used crackers in the prayer in violation of the lock down restrictions on 01.01.2021. Hence, Crime No.03 of 2021 was registered on the file of respondent police for the offences under Sections 269, 285 of IPC and Section 3 of Epidemic Disease Act.
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. https://hcservices.ecourts.gov.in/hcservices/ 1/2
This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To
1. The Sub-Inspector of Police Kannivadi Police Station Kannivadi Dindigul District
2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
+1 CC to M/s.S.SELVAKUMAR, Advocate ( SR-7560[F] dated 21/02/2022 ) Crl.O.P.(MD) No.3509 of 2022 21.02.2022 SB(CO) KB(10.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2