Madras High CourtCRL OP(MD)/3403/2022allowed

G.Thangiah v. The Inspector Of Police

2022-02-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3403 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3403 of 2022 and Crl.M.P(MD) No.2528 of 2022

1. G.Thangiah

2. Durairaj

3. Jeyapandian

4. Thangam

5. Mahendran

6. Durai

7. Idayarani

8. Sekar

9. Patturaj

10. Radha

11. Subhulakshimi

12. Sudalaimuthu(wrongly Mentioned as sudalaimani

13. Sudalaimuthu ... Petitioners/ Accused No. 1,3,6,7,9,16,17,18,19,20,21,27,28 Vs

1. The Inspector of Police Naraikinaru Police Station, Thoothukudi District

...Respondent 1/Complainant

(Crim No. 5/2022)

2. M.Muthuselvan ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to Call for the records in Crime No. 5 of 2022 dated 26.01.2022 on the file of the first respondent and quash the same. For Petitioners : Mr.V.Rajiv Rufus For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioners along with other accused in violation of the lock down restrictions assembled illegally and did not permit the government bus to go and also hoisted black flag on the trees and water tank in their village on 26.01.2022 Hence, Crime No.5 of 2022 was registered on the file of Naraikinarau police station for the offences under Sections 143,283,269 of IPC and Section 4(A)(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3403 of 2022

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. This criminal original petition is allowed in so far as the petitioners alone. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police Naraikinaru Police Station, Thoothukudi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.3403 of 2022 and Crl.M.P(MD) No.2528 of 2022 17.02.2022 SB(CO) KB(01.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2