Madras High Court
R.Rajkumar vs The Inspector Of Police on 25 August, 2021
Crl.O.P.(MD)No.12137 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.12137 of 2021
CRL.M.P.(MD).No.6235 of 2021
R.Rajkumar ... Petitioner
Vs.
1.The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
Crime No.311 of 2020.
2.Kamalamuthu
Sub-Inspector of Police,
Keelavalavu Police Station,
Madurai District. ...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records relating to Crime No.311 of 2020 dated
02.05.2020 pending on the file of the 1st respondent police and quash the
same.
For Petitioner : Mr.S.J.Chakkaravarthy
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate
(Criminal Side)
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Crl.O.P.(MD)No.12137 of 2021
ORDER
This petition has been filed seeking quashment of Crime No.311 of
2020 dated 02.05.2020 on the file of the first respondent.
2. The case of the prosecution is that the petitioner was found
roaming near E.Malampatti Village Bus Stand, when the lockdown
period was in-force. So, he was arrested on the basis of the complaint
given by the second respondent by which a case in Crime No.311 of 2020
for the offence punishable under Sections 188, 269 of IPC r/w Section 3
of Epidemic Diseases Act, 1897 has been registered.
3. Seeking quashment of the First Information Report, this petition
has been filed mainly on the ground that Section 188 IPC is non-
cognizable offence and so far as the offence under Section 269 IPC is
concerned, he was found roaming near the bus stop and there was no
intention on the part of this petitioner to spread virus to other people.
4. Heard the learned counsel appearing for the petitioner and the
learned Additional Public Prosecutor appearing for the respondents.
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Crl.O.P.(MD)No.12137 of 2021
5. As mentioned above, due to pandemic situation, the Government
has imposed some restrictions upon the movement of the public in
public place. The order passed by the government under Section 144
Cr.P.C was in-force and during that time, the petitioner was found
roaming near the village bus stand without proper reasons. No doubt, the
petitioner has defied the Government protocol. But, there is no material
to show that the petitioner was also affected by COVID-19 virus. So, the
respondents ought to have warned the petitioner to go home and inside in
home. Instead of that, a case was registered and he has been arrested on
the spot itself.
6. So far as Section 188 IPC is concerned, in the case of
Jeevanandham and others vs. Inspector of Police, Velyuthampalayam
Police Station, Karur District and another reported in (2019) 1MLJ
(Crl) 36, it has been pointed out that the offence under Section 188 IPC
is a non-cognizable offence, for which, the police has no right to register
the First Information Report and investigate the case and a series of
guidelines have also been issued in the above said judgment. So, Section
188 IPC will not stand against this petitioner. Similarly, for the offence
under Section 269 IPC as mentioned earlier, there is no material on
record to show that he was affected by COVID-19. The non-intentional
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Crl.O.P.(MD)No.12137 of 2021
outing of the petitioner should not be taken seriously.
7. The learned counsel appearing for the petitioner would submit
that the petitioner has applied for passport to get job abroad. Further, the
Enquiry Officer has stated that because of pendency of this case, the
passport could not be issued.
8. Since this is a simple unintentional act as stated earlier, it should
not affect the future life of the petitioner. Moreover, the Government
also propose to drop all the cases that have been filed during the
pandemic situation against the public.
9. Considering the facts and circumstances of the case, this Court
is of the considered view that the First Information Report filed against
this petitioner is liable to be quashed and accordingly, it is quashed.
Hence, this Criminal Original Petition stands allowed.
25.08.2021
Index : Yes/No
Internet : Yes/No
ssb
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Crl.O.P.(MD)No.12137 of 2021
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.
To
1.The Inspector of Police,
Keelavalavu Police Station,
Madurai District.
Crime No.311 of 2020.
2.Kamalamuthu
Sub-Inspector of Police,
Keelavalavu Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.12137 of 2021
G.ILANGOVAN. J.
ssb
Crl.O.P.(MD)No.12137 of 2021
25.08.2021
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