Ramesh v. The Inspector Of Police

1 CRL.O.P.(MD)NO.18697 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18697 of 2021 and CRL.M.P.(MD)No.10348 of 2021 Ramesh ... Petitioner / Accused Vs.

1. State rep. By, The Inspector of Police, Thuckalay police station, Kanyakumari District.

(Crime No.463 of 2021) ... 1st Respondent / Complainant

2. Arulappan, Sub Inspector of Police, Thuckalay 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 impugned First Information Report registered in Crime No.463 of 2021 dated 06.06.2021 on the file of the first respondent and quash the same. For Petitioner : Mr.M.Saravanan For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.463 of 2021 registered on the file of Thuckalay police station for the offences under Section 269 of I.P.C. and Section 3 of Epidemic Diseases Act, 1897.

3. It is seen that the petitioner was found roaming in a two wheeler in violation of the lock down restrictions. I will not find fault the respondent police for having registered the case against the petitioner. However, no adverse consequence has been ensued as a result of the petitioner's conduct. The Government has taken a policy decision to drop all cases that were registered for https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.18697 OF 2021 technical violation of the lock down restrictions.

4. Therefore, continuance of the impugned prosecution is not warranted. The impugned First Information Report is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS IV) PMU 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, Thuckalay police station, Kanyakumari District.

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

+1 CC to Mr.Saravanan, Advocate (SR-36445) RS 01/12/2021 2P/4C Crl.O.P.(MD)No.18697 of 2021 29.11.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/4