Madras High CourtCRL OP(MD)/18259/2021allowed

S. Jeevanantham v. The Inspector Of Police

2021-12-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.18259 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.18259 of 2021 and Crl MP(MD)No.9773 & 10040 of 2021 S.Jeevanantham ... Petitioner/Sole Accused Vs.

1.The State, rep.by The Inspector of Police, Koombur Police Station, Dindigul District.

(Crime No.638 of 2020) ... Respondent/Complainant 2.V.Thirumurugan Special Sub Inspector of Police, Koombur Police Station, Dindigul District. ... 2nd respondent/ de-facto complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the Crime No.638 of 2020 for the alleged offence under Section 269 of IPC pending on the file of the first respondent police and quash the same. For Petitioner : Mr.R.Aravind Raj For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 2.This original petition has been filed to quash the impugned FIR in Crime No.638 of 2020 registered on the file of the first respondent for the offence under Section 269 of IPC. The petitioner was found to have been roaming around in his two wheeler on 04.07.2020 in violation of the lock down restrictions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.18259 of 2021 The accused has not indulged in any act of violence. As a result of the petitioner's conduct, no adverse consequence ensued. Even if I take the prosecution case at its face value, the offence in question has not been made out. Hence, I quash the impugned FIR. The original petition is allowed. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) skm 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, Koombur Police Station, Dindigul District.

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

+1 CC to M/s.R.ARAVINDRAJ, Advocate (SR-36954[F] dated 02/12/2021 ) Crl O.P.(MD)No.18259 of 2021 01.12.2021 RK(14/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2