Madras High CourtCRL OP(MD)/6347/2020allowed

Thangam v. The Inspector Of Police

2022-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.6347 of 2020 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.6347 of 2020 and Crl.M.P(MD).No.3283 of 2020 1.Thangam 2.Puliyooran 3.Mariappan 4.Karuppasamy ... Petitioners Vs.

1. State represented by, The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.162/2020)

2. T.R.Packiaraj, Village Administrative Officer, Viswanathaperi Part-II Village, Sivagiri Taluk, Tenkasi District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records in crime no.162 of 2020 on the file of the Inspector of Police, Sivagiri Taluk, Tenkasi District and quash the same For Petitioners: Mr.K.Prabhu For Respondent : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) For Respondent : No Appearance No.2

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 supplied food to the poor public in the prohibited area in violation of the lock down restrictions on 13.04.2020. Hence, Crime No.162 of 2020 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.6347 of 2020 was registered on the file of respondent police for the offences under Sections 188 and 270 of IPC

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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To;

1. The Inspector of Police, Sivagiri Police Station, Tenkasi District.

2. The Village Administrative Officer, Viswanathaperi Part-II Village, Sivagiri Taluk, Tenkasi District.

3. The Additional Public Prosecutor Madurai Bench of Madras High Court.

+1 CC to M/s.K.PRABHU, Advocate ( SR-12391[F] dated 16/03/2022 ) Crl.O.P(MD) No.6347 of 2020 15.03.2022 aav MS/25.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2