Madras High CourtCRL OP(MD)/6772/2022allowed

Brixton @ Brikston v. The Inspector Of Police

2022-04-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

1 CRL.O.P.(MD)NO.6772 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6772 of 2022 Brixton @ Brikston ... Petitioner/Accused No.49 Vs.

The Inspector of Police Kottar Police Station Kottar Kanyakumari District ... Respondent Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Crime No.785 of 2021 on the ifle of the respondent police and to quash the same as against the petitioner.

For Petitioner : Mr.N.Pragalathan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor.

O R D E R

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

2. The petitioner along with other accused were staging a demonstration in violation of the lock down restrictions on 27.09.2021. Hence, Crime No.785 of 2021 was registered on the file of respondent police for the offences under Sections 143,341,269,270,283,290 of IPC and Section 3 of Epidemic Disease Act, 1987.

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.

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2 CRL.O.P.(MD)NO.6772 of 2022

4. Therefore, the impugned First Information Report is quashed and this criminal original petition is allowed. Sd/- Assistant Registrar(CS-) // 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 Kottar Police Station Kottar, Kanyakumari District

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

+1 CC to M/s.N. PRAGALATHAN, Advocate ( SR-18273[F] dated 12/04/2022 ) Crl.O.P.(MD)No.6772 of 2022 12.04.2022 ma(CO) TR(27.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2