Madras High CourtCRL OP(MD)/20878/2021allowed

Muthukumar v. The Inspector Of Police

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20878 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20878 of 2021 and Crl.M.P.(MD)No.11978 of 2021 Muthukumar ... Petitioner/Sole Accused Vs.

1.State represented by The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(Crime No.277 of 2021).

... 1st Respondent/Complainant 2.T.Jeyasankar ... 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 impugned FIR in Crime No.277 of 2021 on the file of the 1st respondent police and quash the same as illegal.

For Petitioner : Mr.M.Prabhu For Respondents : Mr.M.Sakthi Kumar, Govt.Advocate (Crl. Side) for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.277 of 2021 registered on the file of V.K.Puram Police Station.

2.The case of the prosecution is that on 21.05.2021, in violation of the lockdown restrictions, the petitioner was found roaming in his two wheeler. It is not the case of the prosecution that the petitioner was suffering from any infectious disease. Only if a person knowingly spreads infectious disease, Section 269 of IPC can be attracted. In the case on hand, neither of the ingredients are present. Therefore, the very registration of the FIR is not proper. It stands quashed. This criminal original petition is allowed.Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // 23/12/2021 Sub Assistant Registrar(CS-IV) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20878 of 2021 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, V.K.Puram Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.20878 of 2021 23.12.2021 USK (23.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2