Madras High CourtCRL OP(MD)/6640/2022allowed

Ajith Muthalagu v. The Inspector Of Police

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

1 CRL.O.P.(MD)NO.6640 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.6640 of 2022 and CRL.M.P.(MD)No.4574 of 2022 Ajith Muthalagu ... Petitioner/Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Thoothukudi North Police Station, Thoothukudi Thoothukudi District ... 1st Respondent/Complainant (Crime No.639 of 2020) 2.Sundar Singh, Sub Inspector of Police, Thoothukudi North Police Station, Thoothukudi Thoothukudi District ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and quash the First Information Report in Crime No.639 of 2020 on the file of the Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District as against the petitioner herein.

For Petitioner : Mr.R.Ilayaraja For Respondent : Mr.R.M.Anbunithi No.1 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 was roaming near Karuthapalam junction without any reason in violation of the lock down restrictions on 14.06.2020. Hence, Crime No.639 of 2020 was registered on the file of respondent police for the offences under Sections 188 and 269 of IPC.

3. I will not fault the respondent for having registered the impugned First Information Report. But no adverse consequence https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.6640 of 2022 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 (CO) // 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, Thoothukudi North Police Station, Thoothukudi Thoothukudi District

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

+1 CC to M/s.R. ILAYARAJA, Advocate ( SR-17860[F] dated 11/04/2022 ) Crl.O.P.(MD)No.6640 of 2022 11.04.2022 MGJ(22.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4