Madras High Court
Saravana Kumar vs The State Represented By on 8 October, 2021
Crl.O.P.(MD)No15425 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.15425 of 2021
and
Crl.M.P.(MD).No.8325 of 2021
Saravana Kumar ... Petitioner
Vs.
1.The State Represented by
The Inspector of Police,
Kooda Kovil Police Station,
Madurai District.
(Crime No.358 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.358 of 2020 on the file of respondent police and quash the
same.
For Petitioner : Mr.J.Vishnu
For Respondent No.1 : Mr.R.M.S.Sethuraman
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/6
Crl.O.P.(MD)No15425 of 2021
ORDER
This petition is filed seeking quashment of Crime No.358 of 2020
on the file of first respondent.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for first respondent.
3.The case of the petitioner is that on 17.05.2020, when the 2 nd
respondent is on his duty, the petitioner herein was roaming in the road
without wearing mask, at the time of prohibition due to COVID-19
pandemic. Hence, a case in Crime No.358 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.358 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. Sections 269 & 270 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 the road.
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Crl.O.P.(MD)No15425 of 2021
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,
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 Sections 269 & 270 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 first respondent police ought to
have warned the petitioner to go in-door, instead of that, they filed a case.
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Crl.O.P.(MD)No15425 of 2021
It is also not the case of first respondent police 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.
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.
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.358 of 2020 on the file of the
respondent is liable to be quashed and accordingly, the same is quashed.
9.In the result, this petition is allowed. Consequently, connected
miscellaneous petition is closed.
08.10.2021
Index : Yes/No
Internet : Yes/No
TM
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
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Crl.O.P.(MD)No15425 of 2021
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, Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No15425 of 2021
G.ILANGOVAN. J.
TM
Crl.O.P.(MD)No.15425 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
