Madras High Court
Selvakumar vs The State Of Tamil Nadu on 1 February, 2022
Crl.O.P.No.4530 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.4530 of 2022
Selvakumar ... Petitioner
Vs.
The State of Tamil Nadu,
Rep by The Sub Inspector of Police,
D1 Chengalpattu Town Police Station,
Chengalpattu - 603 001.
(Crime No.2628/2020). ... Respondent
PRAYER: This Criminal Original Petition is filed under Section 482 of the
Criminal Procedure Code, pleased to call for the records relating to FIR in
Crime No.2628 of 2020 dated 23.06.2020 on the file of the Sub Inspector of
Police, D1 Chengalpattu Town Police Station, Chengalpattu District and quash
the same.
For Petitioner : Mr.P.Arun Kumar
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.4530 of 2022
ORDER
(This case has been heard through video conference)
This petition has been filed seeking to quash the FIR in Crime
No.2628 of 2020 dated 23.06.2020 on the file of the Sub Inspector of Police,
D1 Chengalpattu Town Police Station, Chengalpattu District.
2. The case of the respondent/defacto complainant is that on
26.03.2020, the petitioner was found roaming in his motor cycle bearing
Registration No.TN 19 K 1670 breaching the restrictions imposed by the
Central and State Government on account of Covid - 19 pandemic.
3.The learned counsel for the petitioner would submit that the
petitioner on 23.06.2020 gone out to purchase the medicine for his wife and she
was six months pregnant. The respondent without conducting the proper
enquiry has registered the case against the petitioner for the offence under
Section 188 of IPC. The case of the petitioner is squarely covered by the
judgment of this Court in 2018 2 LW (Crl) 606 [Jeevanandham and others vs.
The Inspector of Police Velayuthampalayam Police Station, Karur District]
dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police,
Sivakasi Town Police Station Virudhunagar District and other in batch of
cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4530 of 2022
4.The learned Additional Public Prosecutor would submit that the
petitioner was found roaming around in his motor cycle in breach of restrictions
imposed by the Central and State Government. He would further submit that
the case is squarely covered under the judgment of 2018 2 LW (Crl) 606
[Jeevanandham and others vs. The Inspector of Police Velayuthampalayam
Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja
vs Inspector of Police, Sivakasi Town Police Station Virudhunagar
District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019
dated 30.08.2019.
5. With the above direction, this Criminal Original Petition is allowed
by quashing the FIR in Crime No.2628 of 2020 dated 23.06.2020 on the file of
the Sub Inspector of Police, D1 Chengalpattu Town Police Station,
Chengalpattu.
01.03.2022
Index :Yes/No
Internet:Yes/No
jas/tsh
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4530 of 2022
A.D.JAGADISH CHANDIRA.,J
jas/tsh
To
1.The Sub Inspector of Police,
D1 Chengalpattu Town Police Station,
Chengalpattu - 603 001.
2.The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.4530 of 2022
01.03.2022
https://www.mhc.tn.gov.in/judis
