Madras High CourtCRL OP(MD)/5362/2022allowed

Avudaiammal v. The Inspector Of Police

2022-03-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5362 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5362 of 2022 and Crl.M.P(MD)No.3806 of 2022 Avudaiammal

...Petitioner/Accused No.233

Vs.

1. State through The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

(Crime No.682 of 2020) ... Respondent/Complainant

2. Muthuramalingam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the proceeding of the FIR in Crime No. 682/2020 dated 06.11.2020 on the file of the R1 in so far as the petitioner is concerned/accused no. 233. For Petitioner : Mr.K.Prabhu 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 unlawfully assembled amidst covid pandemic for Radha Yathirai without getting any permission in violation of the lock down restrictions on 06.11.2020. Hence, Crime No.682 of 2020 was registered on the file of respondent police for the offences under Sections 143,283 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 down restrictions. In these circumstances, continuance of the impugned prosecution is not warranted.

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Crl.O.P.(MD) No.5362 of 2022

4. Therefore, the impugned First Information Report is quashed in so far as the petitioner and other accused persons, who are not parties before this Court. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Sankarankovil Town Police Station, Tirunelveli District.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-13955[F] dated 23/03/2022 ) Crl.O.P.(MD) No.5362 of 2022 and Crl.M.P(MD)No.3806 of 2022 23.03.2022 sb(CO) GC(01.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2