Madras High CourtCRL OP(MD)/6665/2022allowed

Kannadhasan @ Kannadasan v. The Inspector Of Police

2022-04-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.6665 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6665 of 2022

1. Kannadhasan @ Kannadasan

2. Murugaboopathy @Murugaboopathi

3. Muthukumar @ Muthukumar

4. Kasirajan

5. Manikandan

6. Vimalraj @ Vimal Raj

7. Sarathkumar

8. Vigneswaran @ Vigneshwaran

9. Satheeshkumar @ Satheshkumar

10. Manikandan ... Petitioners Vs.

1. The State rep. By, The Inspector of Police, Bazaar Police Station Ramanathapuram District (Crime No.505 of 2020)

2. Sahayarani The Sub Inspector of Police, Bazaar Police Station Ramanathapuram District ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to FIR in Crime No.505 of 2020 on the file of the first respondent police and quash the same as illegal.

For Petitioners : Mr.C.Senthil Murugan For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor.

O R D E R

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 said to have unlawfully assembled near Aranmanai Vasal and made demonstration against Thol Thirumavalavan in violation of the lock down restrictions on 02.11.2020 Hence, Crime No.505 of 2020 was registered on the file of respondent police for the offences under Sections 147,143,188 and 269 of IPC.

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

Crl.O.P.(MD)No.6665 of 2022

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 and this Criminal Original Petition is allowed. This criminal original petition is allowed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Inspector of Police, Bazaar Police Station Ramanathapuram District

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

+1 CC to M/s.C. SENTHIL MURUGAN, Advocate ( SR-18087[F] dated 12/04/2022 ) Crl.O.P.(MD)No.6665 of 2022 11.04.2022 RD(22.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2