Madras High Court
Eswaran vs The State Rep By on 7 October, 2021
Crl.O.P.(MD)No.15363 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.15363 of 2021
and
Crl.M.P.(MD) No.8255 of 2021
Eswaran ... Petitioner
Vs.
1.The State rep by,
The Inspector of Police,
Kooda Kovil Police Station,
Madurai District.
(Crime No.355 of 2020)
2.Veerasolai ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the First Information Report
in Crime No.355 of 2020 on the file of respondent police and quash the
same.
For Petitioner : Mr.J.Vishnu
For R1 : Mr.RMS.Sethuraman
Additional Public Prosecutor
ORDER
This petition is filed seeking quashment of Crime No.355 of 2020
on the file of the 1st respondent.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15363 of 2021
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor (Crl.Side) for the 1st respondent.
3.The case of the petitioner is that on 16.05.2020, the petitioner
herein was roaming in the area without wearing mask at the time of
prohibition due to COVID-19 pandemic. Hence, a case in Crime No.355
of 2020 for the offences punishable under Sections 188, 269 and 270 of
IPC has been registered. The present petition is filed to quash the First
Information Report in Crime No.355 of 2020.
4.This petition is filed mainly on the ground that Section 188 of
IPC is non-cognizable offence and the police has no right to register the
case and investigate. Sections 269 and 270 of IPC are concerned, there is
no intention on the part of the petitioner to spread the disease to another
and simply he was roaming in the area.
5.In the 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), it has
been held that the police has no right to file a case under Section 188 IPC
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Crl.O.P.(MD)No.15363 of 2021
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 1st
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.
6.The offence under Sections 269 and 270 IPC is concerned, as per
the contents of the First Information Report, it is seen that the petitioner
was simply roaming in the area. 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 police that at the time of the incident,
the petitioner was affected by COVID-19. So the contention that roaming
in the area during the pandemic period will spread the disease is without
any basis.
7.Considering the nature of allegations and the offences involved
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Crl.O.P.(MD)No.15363 of 2021
in this case, I am of the considered view that roaming in the area without
any reason should not be a reason for spoiling the future of the petitioner.
Moreover, 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 Crime No.355 of 2020 on the file of the 1st
respondent is liable to be quashed and accordingly, the same is quashed.
8.In the result, this petition is allowed. Consequently, connected
miscellaneous petition is closed.
Index : Yes/No 07.10.2021
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.
To
1.The Inspector of Police,
Kooda Kovil Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15363 of 2021
Madurai.
G.ILANGOVAN. J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15363 of 2021
mm
Crl.O.P.(MD)No.15363 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
