Ranjith vs The Inspector Of Police
2021 Latest Caselaw 16219 Mad

                                                                       Crl.O.P.(MD)No.11003 of 2021


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 10.08.2021

                                                        CORAM:

                                   THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                            Crl.O.P.(MD) No.11003 of 2021
                                                        and
                                            Crl.M.P.(MD) No.5621 of 2021

                     Ranjith                                                      ... Petitioner
                                                              Vs.
                     1.The Inspector of Police,
                       Samayanallur Police Station,
                       Samayanallur,
                       Madurai.

                     2.Ayyar                                                .     .. Respondents

                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to call for the records relating to the First Information Report in
                     Crime No.552 of 2020 on the file of the respondent police, Samayanallur
                     Police Station, Madurai District and quash the same insofar as the
                     petitioner concerned.


                                     For Petitioner  : Mr.B.Vinothkumar
                                     For Respondents : Mr.R.M.Anbunithi
                                                       Additional Public Prosecutor (Crl.Side)

                                                        ORDER

This Criminal Original Petition is filed seeking to quash the FIR in

Crime No.552 of 2020 on the file of the 1st respondent. https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.11003 of 2021

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor (Crl.Side) for the respondents.

3.The case of the petitioner is that on 08.05.2020, the petitioner

herein was roaming in the road without any safety measure and also not

wear the face mask with negligence manner at the time of prohibition due

to COVID-19 pandemic. Hence, a case in Crime No.552 of 2020 for the

offences punishable under Sections 188 and 269 of IPC has been

registered on the same day. The present petition is filed to quash the

First Information Report in Crime No.552 of 2020.

4.This petition is filed mainly on the ground that Section 188 IPC

is non-cognizable offence and the police has no right to register the case

and investigate. Section 269 IPC is concerned, there is no intention on

the part of the petitioner to spread the disease to another and simply he

was roaming in that area.

6.In the judgment reported in 2018(2) L.W (Crl.) 606 In

Jeevanandhan and others Vs. State rep. by Inspector of Police, https://www.mhc.tn.gov.in/judis/

Crl.O.P.(MD)No.11003 of 2021

Velayuthampalayam Police Station, Karur District and another), it has

been held that the police has no right to file a case under Section 188 IPC

and to investigate the same without getting proper permission from the

concerned jurisdictional Magistrate. Here, there is no material to show

that before registering the case, permission of the concerned

jurisdictional Magistrate has been obtained. In such circumstances, the

respondent has no right to register the case and to investigate the matter.

7.A detailed guideline has been issued by this Court in the

judgment cited supra. On this aspect, Section 188 IPC will not stand

against the petitioner. The offence under Section 269 IPC is concerned,

as per the contents of the First Information Report, it is seen that the

petitioner was simply roaming in the road. It is a trivial matter in which

no offence of grievous nature is involved. Even though Section 144

Cr.P.C order was in force, during the relevant time the respondent police

ought to have warned the petitioner to go in-door, instead of that, they

filed a case. It is also not the case of the respondent that at the time of

the incident, the petitioner was affected by COVID-19. So, the

contention that roaming in the road during the pandemic period would

have spread the disease is without any basis.

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

Crl.O.P.(MD)No.11003 of 2021

8.Considering the nature of allegations and the offences involved

in this case, I am of the considered view that roaming in the road without

any safety measure should not be a reason for spoiling the future of the

petitioner. Unintended casual act should not take away the future of the

petitioner. Moreover, it is also brought to the notice of this Court that the

Government is also going to drop all these cases, which have been

registered during the pandemic period against the public. Taking all

these aspects into account, I am of the considered view that the First

Information Report in in Crime No.552 of 2020 on the file of the 1st

respondent is liable to be quashed and the same is quashed.

9.In fine, this petition is allowed. Consequently, connected

miscellaneous petition is closed.

10.08.2021 Index : Yes/No Internet : Yes/No mm

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.11003 of 2021

To

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai.

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

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

Crl.O.P.(MD)No.11003 of 2021

G.ILANGOVAN. J.

mm

Crl.O.P.(MD)No.11003 of 2021

10.08.2021 https://www.mhc.tn.gov.in/judis/