Madras High CourtCRL OP(MD)/11568/2020allowed

Jalaludeen v. The Inspector Of Police

2022-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.11568 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.11568 of 2020 and Crl.M.P(MD).No.5281 of 2020 1.Jalaludeen 2.Abdul Fazeeth 3.Abdul Hareem 4.Shageet 5.Abdul Kadar 6.Kaja Mohaideen 7.Abdul kalam 8.Mydeen 9.Fareeth 10.Badusha 11.Badusha 12.Sheik Mohamed ... Petitioners/ Accused Nos.1 to 12 Vs.

1. The State Rep. by The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

(Crime No.314 of 2020)

...Respondent/Complainant

2. R.Muthu Krishnan ... Respondents/Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records of the Impugned First Information Report in Crime No.314 of 2020 on the file of the respondent no.1 Police station and quash the same as illegal For Petitioners : Mr.S.M.A.Jinnah For Respondent : Mr.B.Thanga Aravindh No.1 Government Advocate(Crl.Side) For R2 : No Appearance

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

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Crl.O.P(MD).No.11568 of 2020

2. The petitioners along with other accused unlawfully assembled together for conducting agitation in violation of the lock down restrictions on 08.09.2020. Hence, Crime No.314 of 2020 was registered on the file of respondent police for the offences under Sections 143,283,270 and 150 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.

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

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

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

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