Madras High CourtCRL OP(MD)/7176/2022allowed

Merbin @ Maria Marbin v. The Inspector Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7176 of 2022 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7176 of 2022 and CRL.M.P.(MD)No.4940 of 2022 Merbin @ Maria Marbin ... Petitioner / Sole Accused Vs.

1. The State through The Inspector of Police, Colachel Police Station, Kanyakumari District.

(Crime No.190 of 2020) ... 1st Respondent/Complainant

2. L.Sujith Anand, Sub Inspector of Police, Colachel Police Station.

... 2nd Respondent/ De-facto Complainant 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.190/2020 dated 12/04/2020 on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.B.Muneeswaran For Respondent : Mr.R.M.Anbunithi No.1 & 2 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 went outside without any reason in violation of the lock down restrictions on 12.04.2020. Hence, Crime No.190 of 2020 was registered on the file of respondent police for the offences under Sections 188,269 of IPC r/w.Section 3 of Epidemic Disease Act 1897..

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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Crl.O.P.(MD)No.7176 of 2022 and

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (A.D.I) // 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, Colachel Police Station, Kanyakumari District.

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

+1 CC to M/s.C.M.MARI CHELLIAH PRABHU, Advocate ( SR-19400[F] dated 19/04/2022 ) Crl.O.P.(MD)No.7176 of 2022 19.04.2022 RD(29.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2