Ajin v. The Sub Inspector Of Police
Crl.O.P.(MD)No.8256 of 2022 and 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.8256 of 2022 and CRL.M.P.(MD)No.5580 of 2022 Ajin ... Petitioner/Sole Accused Vs.
1. The Sub Inspector of Police Kotticode Police Station Kanyakumari District.
...1st Respondent/Complainant
2. Chandrababu Special Sub Inspector of Police Kotticode Police Station Kanyakumari District.
...2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings of Crime No.137 of 2020 on the file of the first respondent police and quash the same as against the petitioners herein.
For Petitioner : Mr.K.P.Narayana Kumar 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 was driving the two wheeler in violation of the lock down restrictions on 16.04.2020. Hence, Crime No.137 of 2020 was registered on the file of respondent police for the offences under Sections 188,269 of IPC r/w.Section 51 of Disaster Management Act, 2005
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.8256 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 (CS-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 Sub Inspector of Police Kotticode Police Station Kanyakumari District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-22650[F] dated 29/04/2022 ) Crl.O.P.(MD)No.8256 of 2022 29.04.2022 RK(19/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2