Murugan v. The Sub Inspector Of Police

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.6037 of 2022 and Crl.M.P(MD) No.4213 of 2022

1. Murugan

2. Ramkannan

3. Balapraveen

4. Thilagaraj

5. Karthick

6. Mani @ Manikandan 7.Thenral Kumaran @ Kumarapandiyan 8.Sasi @ Sasikumar 9.Ravi @ Ravikumar 10.Selvam @ Selvapandiyan 11.Saravanan 12.Ganesan @ Ganeshraj

...Petitioners

Vs.

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

(Crime No.519/2021)

...Respondent/Complainant

2. Annapoorni Village Administrative Officer Theni village, Theni

...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.519 of 2021 on the file of the 1st respondent and quash the same as against these petitioner's.

For Petitioners : Mr.M.Karthikeya Venkitachalapathy For Respondents : Mr.R.M.Anbunithi No.1 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 conducted procession of Srivinayagar idol in the eve of Vinayagar Chathurthi festival in Allinagaram near SNR Junction road in violation of the lock down restrictions on 10.09.2021. Hence, Crime No.519 of 2021 https://hcservices.ecourts.gov.in/hcservices/

was registered on the file of respondent police for the offences under Sections 143,269,270 of IPC and Section 3 of Epidemic Disease Act,1987 and Section 51(b) of the Disaster Management Act,2005.

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.

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

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

1. The Sub-Inspector of Police, Allinagaram 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-16429[F] dated 04/04/2022 ) Crl.O.P.(MD) No.6037 of 2022 and Crl.M.P(MD) No.4213 of 2022 01.04.2022 MGJ(11.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/