Madras High CourtCRL OP(MD)/4396/2022allowed

Anburaj v. The Inspector Of Police

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4396 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4396 of 2022 in Crl.M.P.(MD)No.3131 of 2022 Anburaj

...Petitioner/

Accuse No.10 Vs.

1. State Through The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(In Crime No.150/2020) ...1st Respondent/ Complainant

2. T.S.Ponson ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records pertaining to the impugned FIR in crime No.150 of 2020, dated 24.04.2020 on the file of the 1st respondent police and to quash the same as illegal as against the petitioner. For Petitioner : Mr.G.Aravinthan 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 persons roamed around the playground in violation of the lock down restrictions on 08.04.2021. Hence, Crime No.150 of 2020 was registered on the file of respondent police for the offences under Sections 143,188 and 269 of IPC

3. I will not fault the respondent for having registered the impugned First Information Report. But no adverse consequence https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4396 of 2022 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 in so far as the petitioner alone. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-10740[F] dated 09/03/2022 ) Crl.O.P.(MD) No.4396 of 2022 in Crl.M.P.(MD)No.3131 of 2022 08.03.2022 RK(18/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2