Seyed Babu Hussain @ Syedbabuushen v. The Inspector Of Police

Crl.O.P.(MD) No.3743 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3743 of 2022 and Crl.M.P(MD) No.2727 of 2012 Seyed Babu Hussain @ Syedbabuushen ...Petitioner/Single Accused Vs.

1. The State Rep. by The Inspector of Police Kottar Police Station Kanyakumari District ... Respondent/Complainant (Crime No. 264 of 2020)

2. Saravanakumar The Sub Inspector of Police Kottar Police Station Kanyakumari District

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No. 264 of 2020 on the file of the respondent police and quash the same as illegal as against this petitioner.

For Petitioner : M/s.K.N.Guru For Respondents : Mr.R.M.Anbunithi No.1 & 2 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 in a two wheeler in violation of the lock down restrictions on 04.04.2020. Hence, Crime No.264 of 2020 was registered on the file of respondent police for the offences under Sections 188,270 of IPC r/w.Section 3 of Epidemic Disease Act and Section 51 of Disaster Management Act.

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.3743 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 (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police Kottar Police Station Kanyakumari District

2. The Sub Inspector of Police Kottar Police Station Kanyakumari District

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

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