Madras High Court
Astile Sebas vs State Represented By on 19 July, 2021
Crl.O.P(MD).No.4819 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G. ILANGOVAN, J.
Crl.O.P.(MD)No.4819 of 2021 and
Crl.M.P(MD) No.2744 of 2021
Astile Sebas ... Petitioner/Accused
Vs.
1.State represented by
The Sub Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
(Crime No.355/2020) ...1st Respondent /
Complainant
2.S.Ramesh ...2nd Respondent / Defacto -
Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records relating to the impugned F.I.R, registered
in Crime No.355 of 2020, dated 13.04.2020, on the file of the first
respondent and quash the same.
For Petitioner : Mr.M.Saravanan
For R1 : Mr.R.M.Anbunithi
Additional Public Prosecutor
ORDER
This petition has been filed to quash the First Information
Report in Crime No.355 of 2020, dated 13.04.2020, on the file of the
first respondent.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.4819 of 2021
2.The complaint against this petitioner is that during the
pandemic period, while the Government's Prohibitory Order under
Section 144 Cr.P.C was in force, the petitioner was roaming around the
area in Bullet Motor cycle bearing Reg.No.TN 75 AE 1235. So, on the
basis of the complaint given by the Sub Inspector of Police, Thukalay
Police Station, a case has been registered against the petitioner, for the
offences punishable under Sections 188, 269 IPC and under Section 3 of
Epidemic Decease Act, 1897 r/w 51(b) of Disaster Management Act,
2005.
3.Seeking quashment of the First Information Report, this
petition came to be filed.
4.Heard both sides.
5.The learned counsel for the petitioner would submit that at
the time of alleged occurrence, he was a student of Engineering college
and on that particular date, i.e on 13.04.2020, his mother fell fainted and
sustained injuries and for the purpose of purchasing medicines, he was
going to the shop, at that time, he has been arrested. The mother of the
petitioner was admitted in Joseph Hospital, Azhakiamandapam,
Mulagumoodu. Kanyakumari District. The petitioner has produced a
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.4819 of 2021
medical certificate from the concerned Hospital, wherein we see that the
mother of the petitioner admitted in the above said Hospital for treatment
on 13.04.2020, from 09.00 am to 8.00 pm. Even though according to the
petitioner, he went out only for the purpose of getting medicines for her
mother, that ground cannot be taken into account at this stage. But, the
fact remains that for the offences punishable under Section 188 IPC, the
police officer has no power to register First Information Report and
investigate the matter without proper permission from the concerned
Jurisdictional Magistrate. It is seen that the offence under Section 188
IPC is non cognizable offence, in respect of which, First Information
Report has been filed by the police and this position has been settled by
this Court in the judgment reported in 2018 2 LW (crl) 606
Jeevanandham and other Vs. Inspector of Police, Sivakasi Town
Police Station, Virudhunagar District], dated 20.09.2018, wherein it
was held that no such power is available to the police officers and series
of directions have been issued to deal with such cases. On this ground,
First Information Report registered under Section 188 IPC is liable to be
quashed.
6.For the offences punishable under Section 269 IPC and
under Section 3 of Epidemic Decease Act, 1897 r/w 51(b) of Disaster
Management Act, 2005, it is seen that the petitioner was riding motor
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.4819 of 2021
cycle in that area only as a casual outing or outing with purpose. Instead
of registering case against the petitioner under Section 269 IPC, in my
considered view, the police might have warned the petitioner to go home.
It is also seen that at that time, he was an engineering student, studying in
St.Xavier's Catholic College of Engineering, Chunkankadal,
Kanyakumari District. Being a student, the pendency of this case should
not spoil his future. More over, as mentioned earlier, non-intentional
outing should not be taken seriously. It is also to be noted that the
Government has also proposed to drop all such cases, which have been
registered against the public during pandemic period. But, so far
Government Order has not been passed. It is also seen that due to the
pendency of this case, Passpost Enquiry of the petitioner is also not
completed.
7.Taking totality of the circumstance, the First Information
Report in Crime No.355 of 2020, on the file of the first respondent police
is required to be quashed and accordingly, the same is quashed and the
Criminal Original Petition is allowed. Consequently, the connected
miscellaneous petition is closed.
19.07.2021
Index :Yes/No
Internet:Yes/No
vrn
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.4819 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
The Sub Inspector of Police,
Thuckalay Police Station,
Kanyakumari District.
(Crime No.355/2020)
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.4819 of 2021
G. ILANGOVAN, J.
vrn
Crl.O.P.(MD)No.4819 of 2021 and
Crl.M.P(MD) No.2744 of 2021
19.07.2021
https://www.mhc.tn.gov.in/judis/
