Madras High Court
B.Vincent Balaji vs The State Rep. By on 1 October, 2021
Crl.O.P.(MD)No.14795 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.14795 of 2021
and
Crl.M.P.(MD) No.7864 of 2021
B.Vincent Balaji ... Petitioner
Vs.
1.The State rep. by
The Inspector of Police,
Usilampatti Town Police Station,
Madurai District.
(Crime No.655 of 2020)
2.A.Sivabalan ...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to Crime No.655 of 2020, on the
file of the 1st respondent and quash the same.
For Petitioner :Mr.N.Marimuthu
For R1 :Mr.RMS.Sethuraman
Additional Public Prosecutor
ORDER
This petition is filed seeking quashment of Crime No.655 of 2020
on the file of the 1st respondent.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14795 of 2021
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the 1st respondent.
3.The case of the petitioner is that on 28.04.2020 at about 11.30
hours, the petitioner herein was roaming in the road by using his two
wheeler at the time of prohibition due to COVID-19 pandemic. Hence, a
case in Crime No.655 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.655 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.
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,
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14795 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.
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.
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 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 will spread the disease is without
any basis.
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Crl.O.P.(MD)No.14795 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 reason 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.655 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.
Index : Yes/No 01.10.2021
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.14795 of 2021
To
1.The Inspector of Police,
Usilampatti Town Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14795 of 2021
G.ILANGOVAN. J.
mm
Crl.O.P.(MD)No.14795 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
