Madras High CourtCRL OP(MD)/2577/2022allowed

Renjith v. The Inspector Of Police

2022-02-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.2577 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.K.

ILANTHIRAIYAN Crl.O.P(MD)No.2577 of 2022 and Crl.M.P(MD)No.1918 of 2022 Renjith

...Petitioner/Sole Accused

Vs.

1.The State through The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

...1st Respondent/Complainant 2.RuselRaj, The Sub Inspector of Police-2818, Thuckalay Police Station, Kanyakumari District.

...2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the Impugned FIR in Crime No.428 of 2021, dated 03.06.2021, on the file of the first respondent police and to quash the same as illegal. For Petitioner : Mr.D.Senthilkumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosector

O R D E R

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

2. The petitioner was roamed near Alagiyamandapam during the surveillance of the second respondent along with Head Constable in violation of the lock down restrictions on 03.06.2021 at about 16.00 hours. Hence, Crime No.428 of 2021 was registered on the file of first respondent police for the offences under Section 269 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2577 of 2022 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/- Deputy Registrar(LA & MC) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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, Thuckalay Police Station, Kanyakumari District.

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

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-4685[F] dated 08/02/2022 ) Crl.O.P(MD)No.2577 of 2022 07.02.2022 svs(CO) TR(16.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2