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

... 2^nd 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 1^st 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

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