Madras High CourtCRL OP(MD)/3642/2021allowed

P.Isai Selvan v. The Inspector Of Police

2021-03-09Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.3642 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.3642 of 2021 and Crl.M.P.(MD)No.2011 of 2021 P.Isai Selvan ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Cheranmahadevi, Tirunelveli District.

Cr.No. 79 of 2020. ... Respondent/Complainant 2.Vallinayagam ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.79 of 2020 dated 28.03.2020 for an offence U/s.269 of IPC on the file of Respondent No.1 and Quash the same as illegal. For Petitioner : Mr.R.Rajesh Kumar For Respondent No.1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C praying to call for the records pertaining to the First Information Report in Crime No.79 of 2020, dated 28.03.2020, on the file of the first respondent and to quash the same. 2.On the side of the petitioner, it is stated that the case against the petitioner is non-wearing of mask in the public place and for violation of COVID-19 regulations. 3.The learned Additional Public Prosecutor appearing for the first respondent has no serious objection. 4.It is seen that already in a similar case in Jeevanantham Vs. State of Tamil Nadu, this Court has quashed the F.I.R.

5. In view of the same, the Criminal Original Petition is allowed and the First Information Report in Crime No.79 of 2020, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3642 of 2021 dated 28.03.2020, is hereby quashed. Consequently, connected Miscellaneous Petition is closed Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Cheranmahadevi, Tirunelveli District.

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

+1 CC to M/s.R.RAJESH KUMAR, Advocate ( SR-10244[F] dated 11/03/2021 ) Crl.O.P.(MD)No.3642 of 2021 09.03.2021 NA(CO) KB(26.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2