MADRAS HIGH COURT
G.K. ILANTHIRAIYAN, J
Arunkumar – Appellant
Versus
The Inspector – Respondent
CRL OP(MD)/9866/2020
Crl.O.P.(MD)No.9866 of 2020 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.9866 of 2020 and
CRL.M.P.(MD)No.4582 of 2020
1.Arunkumar
2.Andisamy
3.Punugukaruppiah
4.Deivam
... Petitioner/Accused 1 to 4
Vs.
1.The Inspector of Police,
Sedappatti Police Station,
Sedappatti,
Madurai District.
(Crime No.1104/2020)
... 1st Respondent/Complainant
2.Udhayakumari,
Village Administrative Officer,
No.69, Chinnakattalai Group,
Peraiyur Taluk
Madurai District.
... 2nd Respondent/Defacto Complainant
Prayer: Criminal Original petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the First Information
Report in Crime No.1104 of 2020 on the file of the first respondent
police and quash the same as illegal as against the petitioners.
For Petitioner
: Mr.T.Vadivelan
For R2
: Mr.B.Thanga Aravindh
Government Advocate
For R2
: No Appearance
O R D E R
Heard the learned counsel appearing for the petitioners and the
learned Government Advocate (Crl.Side) appearing for the first
respondent.
2.The petitioners were negligently spread the Infection of
diseases to the general public and disobeyed the quarantine rule,
the defecto complainant questioned the same. At that time, the
petitioners threatened the defecto complainant with dire
consequence. Hence, Crime No.1104 of 2020 was registered on the file
of respondent police for the offences under Sections 269, 270, 271,
188 and 506(ii) of IPC.
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https://hcservices.ecourts.gov.in/hcservices/
Crl.O.P.(MD)No.9866 of 2020 and
3.I will 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.
4.Therefore, the impugned First Information Report is quashed.
This criminal original petition is allowed. Consequently, connected
miscellaneous petition is closed.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
/ /2022
Sub Assistant Registrar(CS)
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,
Sedappatti Police Station,
Sedappatti,
Madurai District.
2.The Village Administrative Officer,
No.69, Chinnakattalai Group,
Peraiyur Taluk,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.9866 of 2020
22.03.2022
RS(29.03.2022) 2P-4C
2/2
https://hcservices.ecourts.gov.in/hcservices/
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