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Madras High CourtCRL OP(MD)/4665/2023allowed

Manikandan v. The Inspector Of Police

2023-03-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.4113 of 2023 Manikandan ... Petitioner / Accused No.3 Vs.

1.The State represented by its The Inspector of Police, Town West Police Station, Dindigul.

(In Crime No.444 of 2021) ... 1st Respondent / Complainant 2.K.Palanisamy ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records relating to the Charge Sheet in S.T.C.No.1808 of 2022 on the file of the Judicial Magistrate No.I, Dindigul, and quash the same as against the petitioner is concern. For Petitioner : Mr.A.Abdul Hameed For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed seeking a direction to quash the case in S.T.C.No.1808 of 2022 on the file of the Judicial Magistrate No.I, Dindigul.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent. 3.The case of the prosecutiion is that on 10.07.2021, Makkal Needhi Maiyam leader and its members conducted a protest against the hike of petrol, diesal, LPG price without any permission from the authorities and violation of guidelines set for prevention of COVID-19 pandemic. Hence, a case in Crime No.444 of 2021 for the offences punishable under Sections 143, 283, 270 of IPC has been registered on the same day against the petitioner and others. 4.The case of the petitioner is that the false case has been registered against the petitioner and no untoward incident happened. Hence, the present petition is filed to quash the Final Report in S.T.C. 2/4

No.1808 of 2022 on the file of the learned Judicial Magistrate No.1, Dindigul West.

5.It is brought to the notice of this Court that the Government of Tamil Nadu has taken a policy decision to drop all the cases, which was registered against the public during the pandemic period for violation. So nothing is going to be served by directing the petitioner to undergo the trial process or the investigation as the case may be. 6.Accordingly, this criminal original petition is allowed and case in S.T.C. No.1808 of 2022 on the file of the learned Judicial Magistrate No.1, Dindigul West, in respect of the petitioner is concerned is hereby quashed. Consequently, connected miscellaneous petition is closed. 13.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Inspector of Police, Town West Police Station, Dindigul.

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

Order made in Dated: 13.03.2023 4/4