Madras High CourtCRL OP(MD)/6873/2022allowed

Abbas v. The Inspector Of Police

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

1 CRL.O.P.(MD)NO.6873 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6873 of 2022 and CRL.M.P.(MD)No.4751 of 2022 Abbas ... Petitioner Vs.

1. The State rep. By, The Inspector of Police, Palani Town Police Station Dindigul District (Crime No.1445/2020)

2. Selvaraj The Village Administrative Officer, Sivagiripatti Village, Palani, Dindigul District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the impugned First Information Report in Crime No.1445 of 2020 on the file of the first respondent police station and quash as against the petitioner concerned.

For Petitioner : Mr.R.Karunanidhi For R1 : 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.On 17.09.2020, the petitioner and alliance political party members went on their protest and raised slogan against the Central Government for increasing petrol price and other essential commodities. Hence, Crime No.1445/2020 was registered on the file of first respondent police station for the offences under Sections 143, 341 and 269 of I.P.C. and Section 3-A of the Tamil Nadu Town Nuisance Act, 1889.

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

2 CRL.O.P.(MD)NO.6873 of 2022 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 as against all the accused persons in Crime No.1445/2020. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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, Palani Town Police Station Dindigul District

2. The Village Administrative Officer, Sivagiripatti Village, Palani, Dindigul District.

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

Crl.O.P.(MD)No.6873 of 2022 13.04.2022 sb(CO) TR(25.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2