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Madras High CourtCRL OP(MD)/3383/2022allowed

Jeevanantham v. The Inspector Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3383 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3383 of 2022 and Crl.M.P(MD)No.2511 of 2022 Jeevanantham

...Petitioner

Vs.

1. The Inspector of Police Swaminathapuram Police Station Dindigul District

2. S. Moorthi The Sub Inspector of Police Swaminathapuram Police Station Dindigul District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records relating to the FIR in Crime No.291 of 2021 pending on the file of the 1st respondent and quash the same. For Petitioner : M/s.Karuppasamy Pandian G For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

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

2. The petitioner along with other accused were roaming around the street in violation of the lock down restrictions on 13.06.2021. Hence, Crime No.291 of 2021 was registered on the file of respondent police for the offences under Section 269 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.

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Crl.O.P.(MD) No.3383 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 () // True Copy // / /2022 Sub Assistant Registrar(CS) Aav To

1. The Inspector of Police Swaminathapuram Police Station Dindigul District

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

Crl.O.P.(MD) No.3383 of 2022 21.02.2022 RD(08.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2