Madras High Court
Vignesh vs The State Represented By Its on 7 October, 2021
Crl.O.P.(MD)No.13441 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.10.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No. 13441 of 2021
and
Crl.MP(MD)No.6977 of 2021
Vignesh ... Petitioner/Sole Accused
Vs.
The State Represented by its,
The Inspector of Police,
Thirumangalam Taluk Police Station,
Madurai District.
(Crime No.255 of 2020) ... Respondent/Complainant
Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call
for the records in relating to impugned FIR in Crime No.255 of 2020 on the
file of the respondent police and to quash the same in so far as the petitioner
is concerned.
For Petitioner : Mr.P.Sureshkumar
For Respondent : Mr.K.Sanjai Gandhi
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13441 of 2021
ORDER
This Criminal Original Petition has been filed to quash the FIR in
Crime No.255 of 2020 on the file of the respondent police.
2. The case of the prosecution is that on 20.04.2020, at about 08.15
a.m, the the petitioner violated 144 curfew imposed by the government by
roaming in his two wheeler, near Keelakottai bus stop, Madurai District,
without proper reason. Since curfew was in force, a case has been registered
in Cri.No.255 of 2020 for the offence punishable under Sections 188 & 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.According to the learned counsel for the petitioner, on 20.04.2020,
he went out of the house only for the purpose of withdrawing money from
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13441 of 2021
the Bank. Except that, no purpose to him for roaming around the place. To
that effect he has also submitted a copy of the mini statement of SBI Bank.
But, without proper enquiry, the respondent police registered a case in
Crime No.255 of 2020 as if without wearing face masks, the petitioner was
roaming in the road by using his two-wheeler at that time of prohibition due
to Covid-19, but no prima facie case has been made out in the FIR.
6. The common and judicial notice has also been taken into account
that due to the pandemic situation, on 20.04.2020, throughout the
Tamilnadu, curfew has been imposed, under Section 144 Cr.P.C for the
purpose of controlling the spread of Covid – 19 virus. At that time, this
petitioner was found defying the curfew near near Keelakottai bus stop,
Madurai District.
7. 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13441 of 2021
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.
8. Next allegation is that he was roaming around the area, which leads
to spread the disease. But that cannot be considered that he caused spread of
the disease. So, the casual outings, cannot be construed an offence under
Section 270 IPC.
9. Moreover, it is seen that he is only aged about 26 years at the time
of occurrence. So, probably it can be taken only casual outing. So, the
casual outing, cannot be construed as offence. It is a trivial offence. By
which, no damage was done. The Police Officer would have warned him to
go home. Without doing this, he registered a case against him.
10.It is further seen that the for the purpose of withdrawing money
from the Bank, he has gone to the Bank. So, absolutely, there is no
intention, on the part of the petitioner to roam around that area, without any
purpose.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13441 of 2021
11. 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.255 of 2020, against the petitioner.
12. Taking totality of the circumstance, the FIR in Crime No.255 of
2020, on the file of the 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.
07.10.2021
Internet:Yes
Index:Yes/No
Speaking order/Non-Speaking order
dss
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13441 of 2021
G.ILANGOVAN,J.,
dss
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,
Thirumangalam Taluk Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No. 13441 of 2021
and
Crl.MP(MD)No.6977 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis
