Madras High CourtCRL OP(MD)/3672/2022allowed

Praveen v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3672 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3672 of 2022 and Crl.M.P(MD) No.2695 of 2022 Praveen ... Petitioner/Sole Accused Vs 1.The State Represented by The Inspector of Police, Colachel Police Station, Kanyakumari District-627 114.

(In Crime No.200 of 2021) ...Respondent/Complainant

2. N.Sanal Kumar ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records pertaining to the Impugned First Information Report in Crime Number: 200 of 2021 on the file of respondent No.1 Police Station and quash as against the Petitioner as illegal.

For Petitioner : Mr.Mathava Selvam For Respondent : 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 has driven the two wheeler in violation of the lock down restrictions on 20.05.2021. Hence, Crime No.200 of 2021 was registered on the file of respondent police for the offences under Sections 269 o IPC and Section 3 of Epidemic Disease 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.

4. Therefore, the impugned First Information Report is quashed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3672 of 2022 This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Colachel Police Station, Kanyakumari District-627 114.

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

Crl.O.P.(MD)No.3672 of 2022 and Crl.M.P(MD) No.2695 of 2022 23.02.2022 RJ(CO) KB(05.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2