Madras High Court
Srinath vs State Through The on 6 October, 2021
Crl.O.P(MD).No.15262 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 06.10.2021
CORAM
The Hon`ble Mr.Justice G.ILANGOVAN
Crl.O.P(MD).No.15262 of 2021
Srinath ... Petitioner
Vs
1.State through the
Inspector of Police,
Melur Police Station,
Madurai District.
2. Balakrishnan .. Respondent
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records pertaining to the FIR in Crime No.335 of 2021 pending on
the file of the Inspector of Police, Melur Police Station, Madurai District
and quash the same so far as the petitioner is concerned.
For Petitioner : Mr.P. Saravanan
For respondent : Mr.RMS. Sethuraman
Additional Public Prosecutor
ORDER
This Criminal Original Petition is filed seeking a direction to
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Crl.O.P(MD).No.15262 of 2021
quash the First Information Report in Crime No.101 of 2020 on the file of
the respondent.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor (Crl.Side) for the respondent.
3.The case of the petitioner is that on 25.05.2021 at about 12.15
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.335 of 2021 for the offence punishable under Sections
269 of IPC r/w. Section 3 of Epidemic Diseases Act, 1897 has been
registered on the same day. The present petition is filed to quash the First
Information Report in Crime No.335 of 2021.
4. According to the petitioner, 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.
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Crl.O.P(MD).No.15262 of 2021
6. A detailed guideline has been issued by this Court in the
judgment 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). 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.
7.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
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Crl.O.P(MD).No.15262 of 2021
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.335 of 2021 on the file of the respondent is liable to be quashed and the
same is quashed.
8.In fine, this petition is allowed. Consequently, connected
miscellaneous petition is closed.
06.10.2021
trp
Index : Yes / No
Internet: yes / No
To
1. The Inspector of Police,
Melur Police Station,
Madurai District.
2. The Additional Public Proseuctor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD).No.15262 of 2021
G.ILANGOVAN,J
TRP
Crl.O.P(MD).No.15262 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
