Jebas Brittan @ Jebas Brighton v. The Inspector Of Police

Crl.O.P.(MD)No.6437 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.6437 of 2022 and Crl.M.P(MD) No.4458 of 2022 Jebas Brittan @ Jebas Brighton

...Petitioner

Vs.

1.The State rep. by, The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.194 of 2021) ...1st Respondent/Complainant

2. Arun Rajah ...2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records in Cr.No.194 of 2021 pending investigation on the file of the 1st Respondent Police and quash the same as against the Petitioner/4th Accused.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) for R1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.194 of 2021 on the file of the first respondent police 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3.The petitioner and others were roaming in two wheelers on 31.05.2021, in violation of the lock down restrictions. Hence, a case in Crime No.194 of 2021 was registered on the file of first respondent police station for the offence under Section 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.

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

Crl.O.P.(MD)No.6437 of 2022 5.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // 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, Valliyoor Police Station, Tirunelveli District.

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

+1 CC to M/s.R. PONKARTHIKEYAN, Advocate ( SR-17455[F] dated 08/04/2022 ) Crl.O.P.(MD)No.6437 of 2022 and Crl.M.P(MD) No.4458 of 2022 07.04.2022 SB(CO) KB(22.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2