Madras High CourtCRL OP(MD)/7937/2022allowed

Sibi Kumar v. The Inspector Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD)NO.7937 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7937 of 2022 Sibikumar ... Petitioner / Sole Accused Vs.

1. The State rep. By, The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District ... 1st Respondent / Complainant

2. R.Vijayakumar The Sub Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District ... 2nd Respondents / Defacto complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the FIR in Crime No.220 of 2021 pending of the file of the Inspector of Police, Kanyakumari District and quash the same.

For Petitioner : Mr.B.Michael Sebastin For Respondent : Mr.R.M.Anbunithi No.1 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 along with other accused have breached the lockdown rules in violation of the lock down restrictions on 26.05.2021. Hence, Crime No.220 of 2021 was registered on the file of respondent police for the offences under Sections 269 of IPC and Section 3 of Epidemic Disease 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.

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CRL.O.P.(MD)NO.7937 of 2022

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

Sd/- Assistant Registrar(T & P) // 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, Nesamony Nagar Police Station, Kanyakumari District

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

+1 CC to M/s.B. MICHEAL SEBASTIN, Advocate ( SR-22595[F] dated 29/04/2022 ) Crl.O.P.(MD)No.7937 of 2022 28.04.2022 ck(CO) TR(06.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2