P.Sugantharaj vs The Sub Inspector Of Police
2021 Latest Caselaw 10352 Mad

                                                                                 Crl.O.P.(MD)No.3096 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 22.04.2021

                                                           CORAM:

                                    THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                                Crl.O.P.(MD)No.3096 of 2021
                                                            and
                                           Crl.M.P(MD)Nos.1685 and 1687 of 2021

                     1.P.Sugantharaj
                     2.Rajesh
                     3.Sivakumar                                     ... Petitioners/Accused Nos.1 to 3
                                                              Vs.
                     The Sub Inspector of Police,
                     Thiruchendur Police Station,
                     Thiruchendur,
                     Thoothukudi District.                          ...Respondent/Complainant

                     PRAYER : Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to quash the charge sheet filed by the respondent in S.T.C.No.2 of
                     2021 on the file of the Judicial Magistrate Court, Tiruchendur.


                                        For Petitioners     : Mr.K.Muthurakkan
                                        For Respondent      : Mr.R.Srinivasan
                                                              Government Advocate (Crl.side)

                                                           ORDER

This petition has been filed to quash the proceedings in S.T.C.No.

2 of 2021 on the file of the Judicial Magistrate Court, Tiruchendur.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.3096 of 2021

2.The case of the prosecution is that on 23.05.2020 at about 1.30

p.m., the petitioners herein were roaming in the road in their two wheeler

when covid-19 prohibition was imposed. On the basis of the complaint

given by one Nambi, Sub Inspector of Police, the case was registered in

Crime No.181 of 2020 for the offence punishable under Sections 188 and

269 IPC. Based upon which, the Sub Inspector of Police, Tiruchendur,

took up the investigation and recorded the statement of the witnesses and

filed a final report on 23.05.2020 on the same day itself. Challenging the

final report seeking quashment of the same, this petition has been filed

mainly on the ground that the officer who registered the first informant

and the officer who investigated the case is one and the same namely the

Sub Inspector of Police.

3.On perusal of records it shows that the contention made by the

petitioner is correct. In this regard, the learned counsel for the petitioner

relied upon a judgment of this Court in Crl.O.P(MD)No.13633 of 2020

for the proposition that the first informant as well as the Investigation

Officer should not be the same person. This Court based upon the

judgment of the Hon'ble Supreme Court in the case of Mukesh Singh Vs.

State (Narcotic Branch of Delhi) reported in AIR 2020 SC 4794,

wherein the Hon'ble Supreme Court has held that there is no role that https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.3096 of 2021

informant should not be an Investigation Officer. It is held that if there is

any bias or prejudice would depend upon the facts and circumstances of

each case. Moreover, as per the judgment in Jeevanandham Vs. State,

dated 20.09.2018, in Crl.O.P.(MD)Nos.1356 of 2018 etc., batch, police

has no power to register case under Section 188 I.P.C. So, I am of the

considered view that on this ground the final report is liable to be

quashed.

5.Accordingly, the Criminal Original Petition is allowed and the

proceedings in S.T.C.No.2 of 2021, pending on the file of the learned

Judicial Magistrate Court, Tiruchendur, is hereby quashed. Consequently,

connected Miscellaneous Petitions are closed.

22.04.2021

Index : Yes/No Internet : Yes/No vsd

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.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.3096 of 2021

G.ILANGOVAN, J.

vsd

To

1.The Judicial Magistrate Court, Tiruchendur.

2.The Sub Inspector of Police, Thiruchendur Police Station, Thiruchendur, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.3096 of 2021 and Crl.M.P(MD)Nos.1685 and 1687 of 2021

22.04.2021

https://www.mhc.tn.gov.in/judis/