Madras High CourtCRL OP(MD)/3897/2022allowed

Jeeva v. The Inspector Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3897 of 2022 and Crl.M.P(MD) No.2844 of 2022 Jeeva

...Petitioner/Sole Accused

Vs.

1. The Inspector of Police Manamadurai Police Station Sivagangai District

...Respondent/Complainant

(Crime No 224/2021)

2. Rajeshkannan

...Respondent/

Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the Impugned FIR in Crime No.224/2021 on the file of the 1st respondent and quash the same as illegal.

For Petitioner : M/s.A.Arputharaj 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 in violation of the lock down restrictions on 16.05.2021. Hence, Crime No.224 of 2021 was registered on the file of respondent police for the offences under Sections 269,270 and 290 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.

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

This criminal original petition is allowed. 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 Manamadurai Police Station Sivagangai District

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Crl.O.P.(MD) No.3897 of 2022 28.02.2022 NSN(CO) KB(09.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2