Madras High Court
Prakash vs The Inspector Of Police on 13 July, 2021
Crl.O.P.(MD)No. 8657 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.07.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.8657 of 2021
and Crl.M.P(MD)No.4436 of 2021
Prakash ... Petitioner/Sole Accused
Vs.
1. The Inspector of Police,
Samayanallur Police Station,
Samayanallur,
Madurai
(Crime No.807 of 2020) ..1st Respondent/Complainant
2.Ayyar
The Sub Inspector of Police,
Samayanallur Police Station,
Samayanallur ... 2nd Respondent/Defacto
Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records relating to the First Information
Report in Crime No.807 of 2020 on the file of the first respondent police
Samayanallur Police Station, Madurai District and quash the same.
For Petitioner : Mr.B.Vinothkumar
For R1 : Mr.R.M.Anbunithi,
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/6
Crl.O.P.(MD)No. 8657 of 2021
ORDER
This petition is filed seeking a direction to quash the First
Information Report in Crime No.807 of 2020 on the file of the first
respondent police Samayanallur Police Station, Madurai District.
2. The learned counsel for the petitioner submits that the petitioner
applied for passport seeking job in abroad. When the matter is pending, it
came to notice of this Court that because of the pendency of this case,
enquiry of the Passport Officer is kept pending. It is seen that on
05.05.2021, a Clarification Notice has been issued by the Passport Authority
regarding the pendency of a criminal case in Crime No. 807 of 2020.
3. The case in Crime No. 807 of 2020 has been registered for the
offences under Sections 188 and 269 IPC. The present petition is filed to
quash the First Information Report. A reading of the First Information
Report shows that the petitioner along with other person were riding in a
Two Wheeler without wearing Mask in the pandemic situation, which was
prevailing there and ban under Section 144 Cr.P.C was also invoked. It
appears that without knowing the implication of outing, such wrong
exercises are appeared to have been made by the petitioner along with other
person without any intention to spread any disease.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No. 8657 of 2021
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 riding in
the Two Wheeler.
5. Heard both sides.
6. In the judgment reported in 2018(2) L.W (Crl.)606 (In
Jeevanandhan and others Vs. State rep. by Inspector of Police,
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 first respondent
has no right to register the case and to investigate the matter. 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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No. 8657 of 2021
7. 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 riding a Two Wheeler along with other person. 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 first respondent that at the time of the
incident, the petitioner was affected by Covid-19. So the contention that
riding along the street during the pandemic period though may be wrong,
considering the nature of allegations and the offences involved in this case,
I am of the considered view that riding along the street in a Two Wheeler
should not be a reason for spoiling the future of the petitioner. Unintended
casual act should not take away the future of the petitioner. More over, 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 Crime No.807 of 2020
on the file of the first respondent is liable to be quashed and the same is
quashed.
8. In fine, this petition is allowed. Consequently, connected
miscellaneous petition is closed.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No. 8657 of 2021
13.07.2021
Index : Yes/No
Internet: Yes/No
CM
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,
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. 8657 of 2021
G.ILANGOVAN, J.,
CM
Crl.O.P.(MD)No.8657 of 2021
and Crl.M.P(MD)No.4436 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
