Madras High CourtCRL OP(MD)/4761/2022allowed

Vijayananthakumar v. The Inspector Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4761 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4761 of 2022 in Crl.M.P.(M) No. 3343 of 2022 Vijayananthkumar

...Petitioner

Vs.

1. The State rep. by The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

(Crime No. 87 of 2021)

2. Malairaja, Special Sub Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the First Information Report in Crime.No. 87 of 2021 on the file of the 1st respondent and quash the same as illegal.

For Petitioner: Mr.S.Veerapandi Selvaraj For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2.On 10.06.2020, during lock down period, the petitioner went to grocery and medical shops for purchasing his essential needs by his two wheeler. Hence, Crime No.87 of 2021 was registered on the file of first respondent for the offences under Sections 269, 270, 271, 279 and 291 of IPC r/w Section 179 of Motor Vehicles Act, 1988. 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4761 of 2022 4.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To

1. The Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

2. The Special Sub Inspector of Police, Mandala Manickam Police Station, Ramanathapuram District.

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

Crl.O.P.(MD) No.4761 of 2022 14.03.2022 RK(24/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2