This order quashed an FIR regarding a protest conducted during lockdown. The court held that since the government decided not to pursue similar lockdown breach cases, continuing the prosecution was not warranted under Section 482 CrPC.
The impugned First Information Report in Crime No.408 of 2021 is quashed and the petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.O.P.No. 9838 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No. 9838 of 2022
Rajkumar
... Petitioner
Vs.
PRAYER : Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in Crime No.408 of 2021 pending on the file of the first respondent police.
For Petitioner : Mr.P.Muthamizhselvakumar
For Respondent 1 : Mr.N.S.Suganthan, Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.408 of 2021 on the file of the first respondent for the offences
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CRL.O.P.No. 9838 of 2023
under Section 269, 270, 143 & 341 of IPC r/w. Section 3 of Epidemic Diseases Act, 1897 as against the petitioner.
for faire inquiry on the suspicious death of the worker in the quarry, without any permission and not adhere to COVID lock down and danger to the public health. Hence, the Crime No.408 of 2021 was registered on the file of respondent police for the offences under Sections 269, 270, 143 & 341 of IPC r/w. Section 3 of Epidemic Diseases Act, 1897 as against the petitioner.
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CRL.O.P.No. 9838 of 2023
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.
04.05.2023
nl
Index :Yes/No Internet : Yes/No Speaking order/non-speaking order
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CRL.O.P.No. 9838 of 2023
To
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CRL.O.P.No. 9838 of 2023
G.K.ILANTHIRAIYAN, J.
CRL.O.P.No.9838 of 2023
04.05.2023
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1 issue framed by the court
Whether the FIR registered under Sections 269, 270, 143 and 341 of IPC for breach of lockdown restrictions warrants continuance of prosecution in the absence of government action.
2 provisions across 2 enactments
Rajkumar
Inspector of Police, Myladuthurai Police Station, Mayladuthurai District
Javakar M
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
