Madras High CourtCRL OP(MD)/8405/2022allowed

Selvaraj v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.8405 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8405 of 2022 Selvaraj ... Petitioner/Sole Accused Vs.

1.State Represented by, The Inspector of Police, Vedasandur Police Station, Dindigul .

(Crime No.512 of 2020) ... 1st Respondent/Complainant 2.Seenivasan.V Head Constable, Vedasandur Police Station Dindigul ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.512 of 2020 on the file of the 1st Respondent and quash the same as illegal.

For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.On 08.05.2020, the petitioner went to purchase grocery items amd medicines by his bike bearing registration number TN 57 BW 2121, in violation of the lock down restrictions. Hence, Crime No.512/2020 was registered on the file of respondent police for the offence under Section 269 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.

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

Crl.O.P.(MD).No.8405 of 2022 4.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Vedasandur Police Station, Dindigul .

2.The Head Constable, Vedasandur Police Station Dindigul.

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

Crl.O.P.(MD).No.8405 of 2022 29.04.2022 RS (26.05.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2