Madras High CourtCRL OP(MD)/19176/2021allowed

Arjunan v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19176 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19176 of 2021 and Crl.M.P.(MD)No.10678 of 2021 1.Arujunan 2.Jeyamurugan 3.Boominathan 4.Madasamy 5.Balamurugan 6.Kannan 7.Maveeran 8.Rajapandi 9.Dharmar @ Dharmaraj 10.Muthuraj 11.Pandi 12.Maruthupandi 13.Madasamy 14.Govinthan @ Shanmugam 15.Gandhi 16.Irulandi 17.Mayilvaganan 18.Sundrapandian ... Petitioners/ Accussed 1 to 18 Vs.

State through by 1.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(In Crime No.514 of 2021) ... 1st Respondent/ Complainant 2.Jeyaprakash ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.514 of 2021 on the file of the 1st respondent and quash the same as against the petitioners are concerned.

For Petitioners : Mr.M.Subash Babu For Respondents : Mr.E.Antony Sahaya Prabahar, Addl. Public Prosecutor for R1.

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Crl.O.P(MD)No.19176 of 2021

O R D E R

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent. 2.The impugned FIR has been registered against the petitioners herein for having breached the lockdown restrictions. On 16.10.2021 at about 10.30 hours, the petitioners are said to have conducted temple festival at Perumal Kovil and Valli Thirumana Drama thereafter. Though I will not fault the first respondent for having registered the FIR, since no adverse consequence ensured, it is not necessary to continue the prosecution. I can also take judicial notice of the fact that the Government of Tamilnadu has taken a policy decision to drop prosecutions registered in the wake of lockdown violations during the pandemic. The impugned FIR is quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Abiramam Police Station, Ramanathapuram District.

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

+1 CC to M/s.M.SUBASH BABU, Advocate ( SR-37812[F] dated 08/12/2021 ) Crl.O.P(MD)No.19176 of 2021 06.12.2021 RD(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2