Madras High CourtCRL OP(MD)/4903/2022allowed

Sureshkumar v. The Inspector Of Police

2022-03-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4903 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4903 of 2022 and Crl.M.P(MD) No.3472 of 2022 Suresh Kumar

...Petitioner/ Accused No.4

Vs.

1. The State represented by The Inspector of Police, Ilathur Police Station, Tirunelveli District.

(Now Tenkasi District) (Crime No.239 of 2020) ... 1st Respondent/ Complainant

2. Venkadachalam ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned FIR in Crime No. 239 of 2020 on the file of the R1 police and quash the same For Petitioner : Mr.T.Veerakumar 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 arranged temple cultural program for the temple festival in violation of the lock down restrictions on 24.12.2020. Hence, Crime No.239 of 2020 was registered on the file of respondent police for the offences under Sections 143 and 270 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4903 of 2022 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To

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

(Now Tenkasi District)

2. The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-12567[F] dated 16/03/2022 ) Crl.O.P.(MD) No.4903 of 2022 and Crl.M.P(MD) No.3472 of 2022 16.03.2022 aav MS/25.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2