Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.6250 of 2020 and Crl.M.P(MD).No.3258 of 2020 1.Murugesan 2.Bama 3.Rajaboopathy 4.Sumathi ... Petitioners Vs.
1. The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.
(Crime No.89 of 2020)
2. Eshwaramoorthy ... Respondents Prayer:
Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the First Information Report pertaining to the case in Crime No.89 of 2020 on the file of the 1st respondent police and quash the same For Petitioners : Mr.S.Ramasamy, Advocate For Respondent : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) For R2 : No Appearance
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 persons joined together and protested for non releasing of drinking water in violation of the lock down restrictions on 06.04.2020. Hence, Crime No.89 of 2020 was registered on the file of respondent police for the offences under Sections 188,269 of IPC and Section 3 of Epidemic Disease Act, 1897 and Section 51(b) Disaster Management Act 2005.
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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(CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To;
1. The Inspector of Police, Nainar Kovil Police Station, Ramanathapuram District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD).No.6250 of 2020 and Crl.M.P(MD).No.3258 of 2020 16.03.2022 SP/28/03/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/