Madras High CourtCRL OP(MD)/8840/2022allowed

Balusamy v. The Inspector Of Police

2022-05-19Honourable Mrs Justice T.V.Thamilselvi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.05.2022

CORAM

THE HONOURABLE Mrs.JUSTICE T.V.THAMILSELVI & Crl.M.P.(MD)No.5945 of 2022

1. Balusamy

2. Thavamani @ Muniyaraj

3. Murugan

4. Sathiah

5. Kalidoss

6. Muniyasamy

7. Selvi

8. Vicky

9. Jeyalakshmi

10. M.Viswa

11. Muniyasamy

12. Amirthavalli

13. Chellammal

14. Elangovan

15. Ramaraj

16. Muniyammal

17. Nagulan

18. Selvalingadurai

19. Kavashkannan 1/3

20. Muniyasamy

21. Shanmughamoorthy

22. Kannadhasan

23. Muniyasamy

24. Sarubala ... Petitioners/Accused 1 to 24 Vs The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District, in Crime No.271 of 2021.

... Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the entire records pertaining to the case in Crime No.271 of 2021 on the file of the Respondent/Police and to quash the same.

For Petitioners : Mr.K.Kumaravel For Respondent : Mr.M.Sakthikumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.271 of 2021 on the file of the respondent and to quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent. 3.In violation of the lock down restrictions on 20.07.2021, a case in Crime No.271 of 2021 was registered on the file of respondent police for the offences under Sections 143, 269 and 270 of I.P.C. and Section 3 of the Epidemic Diseases Act, 1897. 4.The said case was registered during the pandemic situation, as per the State Government's circular. Now, 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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5.Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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, Mudukulathur Police Station, Ramanathapuram District, in Crime No.271 of 2021.

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

&Crl.M.P.(MD)No.5945 of 2022 19.05.2022 MGJ(28.05.2022) 3P 3C 3/3