Mathankumar v. The Inspector Of Police
Crl.O.P.(MD)No.4154 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4154 of 2022 Mathankumar ... Petitioner Vs.
The Inspector of Police Nilakottai Police Station Dindigul District ... Respondent Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records in Crime No.483 of 2021 dated 01.06.2021 on the file of the respondent police and quash the same. For Petitioner : Mr.S.Sivaprakash For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor.
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
2. The petitioner went outside by his two wheeler without proper reason in violation of the lock down restrictions on 1.06.2021. Hence, Crime No.483 of 2021 was registered on the file of respondent police for the offences under Sections 269 of 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. This criminal original petition is allowed.
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Crl.O.P.(MD)No.4154 of 2022 Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1. The Inspector of Police Nilakottai Police Station Dindigul District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.V.S.ARIHARASUDHAN, Advocate ( SR-9835[F] dated 03/03/2022 ) Order made in Crl.O.P.(MD)No.4154 of 2022 03.03.2022 VK(12/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2