Madras High CourtCRL OP(MD)/3263/2022allowed

Kabilan v. The Inspector Of Police

2022-02-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3263 of 2022 and 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.3263 of 2022 and CRL.M.P.(MD)No.2451 of 2022 Kabilan ... Petitioner /Accused No.5 Vs.

1. The State rep. By, The Inspector of Police, Kottampatti Police Station, Madurai District ... 1st Respondent/Complainant

2. Natesan The Inspector of Police, Kottampatti Police Station, Madurai District ... 2nd 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.841 of 2020 pending on the file of the first respondent police and quash the same as against this petitioner alone. For Petitioner : Mr.K.G.Arun Kumar 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 police.

2. The petitioner and others conducted Vadamadu Manjuvirattu in violation of the lock down restrictions on 31.10.2019. Hence, Crime No.841 of 2020 was registered on the file of Kottampatti police station for the offences under Sections 143 and 188 of IPC.

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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3263 of 2022 and

4. Therefore, the impugned First Information Report is quashed in so far as the petitioner alone. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // 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 Inspector of Police, Kottampatti Police Station, Madurai District

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

Crl.O.P.(MD)No.3263 of 2022 16.02.2022 RD(03.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2