Madras High CourtCRL OP(MD)/3077/2022allowed

Anto Vimal v. The Sub Inspector Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3077 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3077 of 2022 and CRL.M.P.(MD)No.2303 of 2022 Anto Vimal ... Petitioner/Accused Vs.

1. The State rep. By, The Sub Inspector of Police, Anjugramam Police Station Kanyakumari District ... 1st Respondent/Complainant

2. Jesi Menaka JL., The Inspector of Police, Anjugramam Police Station Kanyakumari District ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned CIR in Crime No.150 of 2021 on the file of the first respondent and quash the same in so far as the petitioner is concerned. For Petitioner : Mr.P.R.Prithiviraj For Respondent : Mr.R.M.Anbunithi No.1 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 roamed in his two wheeler in violation of the lock down restrictions. Hence, Crime No.150 of 2021 was registered on the file of Anjugramam police station for the offences under Sections 269 and 270 of I.P.C. and Section 3 of the Epidemic Diseases Act, 1897.

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.

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Crl.O.P.(MD)No.3077 of 2022

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

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) aav 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, Anjugramam Police Station Kanyakumari District

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

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