Madras High CourtCRL OP(MD)/19871/2022allowed

Karthickraja @ Karthik v. The Inspector Of Police

2022-11-24Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P(MD) No.13676 of 2022 Karthickraja @ Karthik ... Petitioner Vs

1. The Inspector of Police, Dhadikombu Police Station, Dindigul District

2. Karthick Village Administrative Officer, Chettinayakkanpatti Village, Dindigul Taluk Dindigul District ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records connected to the First Information Report in Crime No.813 of 2021 dated 23.12.2021 pending on the file of the first Respondent police and quash the same as illegal as against the Petitioner. For Petitioner : Mr.R.Senthilkumar For R-1 : Mr.R.Sivakumar Government Advocate(Crl.Side) 1/4

ORDER

This Criminal Original Petition had been filed to quash the First Information Report in Crime No.813 of 2021 on the file of the first Respondent police.

2. Heard the learned counsel appearing for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the Respondent.

3. The Petitioner along with other accused persons conducted demonstration in violation of the lock down restrictions on 23.12.2021. Hence, Crime No.813 of 2021 was registered on the file of Dhadikombu police station, Dindigul District for the offences under Sections 341,143,269 of IPC.

4. This Court does 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. 2/4

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

24.11.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order aav To

1. The Inspector of Police, Dhadikombu Police Station, Dindigul District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP, J.

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