Madras High CourtCRL OP(MD)/6434/2022allowed

P. Sundarraj v. The Inspector Of Police

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.6434 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6434 of 2022 P.Sundarraj

...Petitioner/Sole Accused

Vs.

The State through The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.254 of 2020) ... Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records in Crime No. 254 of 2020 on the file of the respondent police and to quash the same For Petitioner : Mr.R.Rajamohan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.254 of 2020 on the file of the respondent police. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The petitioner roamed in his two wheeler on 17.04.2020, in violation of the lock down restrictions. Hence, a case in Crime No.254 of 2020 was registered on the file of the respondent police, for the offences punishable under Sections 188, 269 I.P.C. 4.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.6434 of 2022 5.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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, Srivilliputhur Town Police Station, Virudhunagar District.

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

+1 CC to M/s.R. RAJAMOHAN, Advocate ( SR-17297[F] dated 07/04/2022 ) Crl.O.P.(MD)No.6434 of 2022 07.04.2022 KS(CO) RK(22/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2