Madras High Court
P.Marudhu Veeran @ Marudhu vs The State By on 19 July, 2021
Crl.O.P.(MD)No.6328 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.6328 of 2021
and
Crl.M.P.(MD)No.3639 of 2021
P.Marudhu Veeran @ Marudhu ... Petitioner
Vs.
1.The State by
The Inspector of Police,
Koodakovil Police Station,
Madurai District.
(Crime No.356 of 2020)
2.A.Veerasolai,
The Sub Inspector of Police,
Koodakovil Police Station,
Madurai District. ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for records pertaining to the First Information
report in Crime No.356 of 2020 on the file of the first respondent police and
quash the same.
For Petitioner : Mr.Dinesh.K
For R1 : Mr.R.M.Anbunithi,
Additional Public Prosecutor
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Crl.O.P.(MD)No.6328 of 2021
ORDER
This Criminal Original Petition is filed to quash the F.I.R in Crime
No.356 of 2020 pending on the file of the first respondent.
2. The case of the prosecution is that on 17.05.2020, at about
04.45 p.m, the petitioner violated 144 curfew imposed by the government
by roaming near Uppligundu Irullai Amman Temple, Melauppligundu
without wearing mask. When defacto complainant asked the reason, he
failed to answer the same, since curfew was in force, a case has been
registered in Crime No.356 of 2020 for the offences punishable under
Sections 188, 269 and 270 of IPC.
3. Seeking quashment of the First Information Report, this petition is
filed, mainly on the ground that none of the allegations mentioned in the
First Information Report, attract any of the offences against this petitioner.
4. Heard both sides.
5. The common and judicial notice has also been taken into account
that due to the pandemic situation, on 24.03.2020, throughout the
Tamilnadu, curfew has been imposed, under Section 144 Cr.P.C for the
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Crl.O.P.(MD)No.6328 of 2021
purpose of controlling the spread of Covid – 19 virus. At that time, this
petitioner was found roaming near Uppligundu Irullai Amman Temple,
Melauppligundu without wearing mask. No doubt that the petitioner is
defying the curfew imposed by the government.
6. But, however, 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. So, Section 188 IPC cannot be made applicable,
since police has no power to register the case under Section188 IPC.
7. Next allegation is that he was roaming around the area, which leads
to spread the disease. No proper reason has been given by the petitioner for
roaming near Uppligundu Irullai Amman Temple, Melauppligundu without
wearing mask. But that cannot be considered that it caused spread of the
disease. So, the casual outings, cannot be construed an offence under
Sections 269 and 270 IPC.
8. It is seen from the provisional appointment letter that the petitioner
has been provisionally selected to CRPF and he has been directed to
undergo training in Assam Rifles Training Centre and School, Diphu, Karbi
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Crl.O.P.(MD)No.6328 of 2021
Anglong, Assam. He is attending training course from 01.04.2021. Because
of the pendency of this case, his future life may also get spoiled. I am of the
considered view that an unintentional roaming around the area should not
cost his future life. For the purpose of deciding this petition, this aspect is
also taken into account.
9. Moreover, it can also be taken judicial notice that the case filed
during the pandemic period against public is going to be dropped by the
government. So, considering this fact also, nothing is going to be served by
prosecuting the case in Crime No.356 of 2020, against the petitioner.
10. Taking totality of the circumstance, the FIR in Crime No.356 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
ias
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Crl.O.P.(MD)No.6328 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,
Koodakovil Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.6328 of 2021
G.ILANGOVAN, J.,
ias
Crl.O.P.(MD)No.6328 of 2021
19.07.2021
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