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Madras High CourtCRL OP(MD)/7257/2022allowed

Raviraja v. The Sub Inspector Of Police

2022-04-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.7257 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7257 of 2022 and Crl.M.P.(MD) No.4973 of 2022 Raviraja ... Petitioner Vs.

1.The State represented by The Sub Inspector of Police, Mayanoor Police Station, Karur District.

(Crime No.520 of 2020) ... 1st Respondent/ Complainant 2.Rubini, The Sub Inspector of Police, 2,Renganathapuram North Village, Mayanoor Police Station, Karur District.

... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.520 of 2020 dated 09.10.2020 on the file of the first respondent police and quash the same insofar as the petitioner is concerned. For Petitioner : Mr.L.Prabakaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R.1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 520 of 2020, dated 09.10.2020 on the file of the first respondent police.

2. The case of the prosecution is that in order to condemn the Agricultural bills introduced by the Union of India as well as the false cases foisted as against one political cadres of Karur, the Accused persons along with other persons had in violation of the strict guidelines issued for curbing the spread of Corona Virus and the curfew and lockdown imposed under Section 144 Cr.P.C, and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.7257 of 2022 without any permission assembled and conducted a protest and by installing the flags at the place owned by one, Nagaraj. Therefore, the complaint was made by the second respondent and the FIR was registered in Crime No.520 of 2020 under Sections 143 and 270 IPC read with Section 4(A)(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 read with Section 3 of the Epidemic Diseases Act.

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 (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To 1.The Sub Inspector of Police, Mayanoor Police Station, Karur District.

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

+1 CC to M/s.L. PRABAKARAN, Advocate ( SR-19821[F] dated 20/04/2022 ) Crl.O.P.(MD) No.7257 of 2022 and Crl.M.P.(MD) No.4973 of 2022 20.04.2022 RK(16/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2