Madras High CourtCRL OP(MD)/20066/2022allowed

Krishnan 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 Crl.O.P.(MD)No.20066 of 2022 and Crl.M.P(MD) No.13847 of 2022 Krishnan ... Petitioner Vs

1. The Inspector of Police, Puliyangudi Police Station, Tenkasi District

2. Bharath Lingam S/o. Not known The Sub Inspector of Police, Puliyangudi Police Station, Tenkasi District ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records relating to the impugned FIR in Crime No.451 of 2021 on the file of the first Respondent police and its consequential proceedings and to quash the same in so far as the Petitioner is concerned. For Petitioner : Mr.S.Vidyasagar 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.451 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 gathered in a public place for conducting programme on event of Pulithevar Jeyanthi even after rejection order from the authorities in violation of the lock down restrictions on 08.09.2021. Hence, Crime No.451 of 2021 was registered on the file of Puliyangudi Police Station, Tenkasi District for the offences under Sections 143 and 270 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, Puliyangudi Police Station, Tenkasi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SATHI KUMAR SUKUMARA KURUP, J.

aav Crl.O.P.(MD)No.20066 of 2022 24.11.2022 4/4