R. Arjunarajan v. The Inspector Of Police
Crl.O.P.(MD)No.3172 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3172 of 2022 and CRL.M.P.(MD)No.2378 of 2022 R.Arjunraj @ Arjunarajan ... Petitioner / Accused No.6 Vs.
1.The State Rep. by the Inspector of Police, Subramaniapuram Police Station, Madurai District.
Crime No.57 of 2022.
... Respondent/ Complainant 2.M.Anbuthasan, Sub-Inspector of Police, Subramaniapuram Police Station, Madurai District.
... Respondent/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.57 of 2022 on the file of the first respondent. For Petitioner : Mr.M.Karunanithi For R1 : 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 first respondent.
2.The petitioner and others gathered and started stage protest condeming the persons who caused suicide committed by a minor hindu girl at Thanjavur school in violation of the lock down restrictions on 24.01.2022 in front of Jeyam Theatre at Madurai Town. Hence, Crime No.57 of 2022 was registered on the file of Subramaniapuram Police Station for the offences under Sections 143 and 269 of I.P.C. and Section 3 of the Epidemic Diseases Act, 1897 and Section 3 of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.
3.I will not fault the respondents 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.3172 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/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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, Subramaniapuram Police Station, Madurai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.3172 of 2022 15.02.2022 RD(28.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2