Madras High CourtCRL OP(MD)/6038/2022allowed

Murugan v. The Inspector Of Police

2022-04-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6038 of 2022 1.Murugan 2.Karthick 3.Uamayrajan 4.Ramkannan 5.Balapraveen

...Petitioners/Accused

Vs.

1. The State Rep. by The Inspector of Police, Theni Police Station, Theni District.

...Respondent/Complainant

(Crime No.943/2021)

2. The Sub Inspector of Police, Theni Police Station, Theni District.

...Respondent/

Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the records relating to the FIR in Crime No.943 of 2021 on the file of the 1st respondent and quash the same/Accused 1 to 5 as against the petitioner. For Petitioners : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioners along with other accused assembled in a public place near Theni-Periyakulam Road, opposite to Gowmari Bakery in the eve of procession of Lord Vinayagar idol in violation of the lock down restrictions on 10.09.2021. Hence, Crime No.943 of 2021 was registered on the file of respondent police for the offences under Sections 143,188 and 269 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/

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.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Theni Police Station, Theni District.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.M.KARTHIKEY VENKITACHALAPATHY, Advocate ( SR-16431[F] dated 04/04/2022 ) Crl.O.P.(MD) No.6038 of 2022 01.04.2022 MGJ(11.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/