Madras High Court
Mr.Bala Baskaran vs The State Rep. By Inspector Of ... on 9 March, 2022
Crl.O.P.No.5433 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.5433 of 2022
Mr.Bala Baskaran ... Petitioner
Vs.
The State Rep. by Inspector of Police,
Cuddalore NT Police Station,
Cuddalore District.
(Crime No.779 of 2020 U/Sec.188 & 269 IPC) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.,
pleased to call for the records and quash the FIR in Crime No. 779 of 2020 on
the file of the respondent police.
For Petitioner : Mr.A.Arokia Satheesh
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
ORDER
This petition has been filed seeking to call for records pertaining to
the First Information Report in Crime No. 779 of 2020 on the file of the
Inspector of Police, Cuddalore NT Police Station, Cuddalore District and quash
the same.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.5433 of 2022
2. The respondent has raised a case against the petitioner for the
offence under Sections 188 and 269 of IPC. The allegations against the
petitioner is that on 05.07.2020 at about 7.40 am, the Sub-Inspector of Police
accompanied with two other policemen were on patrol duty to see whether
anyone was violating the Section 144 Cr.P.C issued by the Central and State
Government to prevent the spread of the Corona. Based on the complaint given
by the Sub-Inspector of Police registered a case in Crime No.779 of 2020 for the
offence punishable under Sections 188 and 269 of IPC.
3. The learned counsel for the petitioner would submit that the respondent
had registered a case for the offence under Sections 188 and 269 of IPC.
4. The learned counsel appearing for the petitioner would submit that the
facts of the case are similar to the case covered in the decision reported 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.5433 of 2022
5. The learned Additional Public Prosecutor would submit that the
petitioner was found loitering on 05.07.2020 at about 7.40 am, in defiance the
SOP issued by the Central and State Government. He would submit that the
facts of this case are covered under the Judgment referred to above.
6. Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondent.
7. The facts of this case is covered by the Judgment of this Court
reported 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 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. Accordingly, the
proceedings in Crime No. 779 of 2020 dated 05.07.2020 on the file of the
respondent police, Cuddalore NT Police Station, Cuddalore District is hereby
quashed and the Criminal Original Petition is allowed.
09.03.2022
Index :Yes/No
Internet:Yes/No
nti/nr
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.5433 of 2022
A.D.JAGADISH CHANDIRA.,J
nti/nr
To
1. The Inspector of Police,
Cuddalore NT Police Station,
Cuddalore District.
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.5433 of 2022
09.03.2022
https://www.mhc.tn.gov.in/judis
