Madras High Court
R.Rakesh Babu vs The Inspector Of Police on 8 October, 2021
Crl.O.P.(MD)No15404 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.15404 of 2021
and
Crl.M.P.(MD).No.8271 of2021
R.Rakesh Babu ... Petitioner
Vs.
1.The Inspector of Police,
Silaiman Police Station,
Madurai District.
2.S.Karthick
The Sub Inspector of Police,
Silaiman Police Station,
Madurai District. ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the Crime No.1495 of 2020 on
the file of the first Respondent Police and to quash the same.
For Petitioner : Mr.R.M.Arun Swaminathan
For Respondents : Mr.R.M.S.Sethuraman
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/5
Crl.O.P.(MD)No15404 of 2021
ORDER
This petition is filed seeking quashment of Crime No.1495 of 2020
on the file of the first respondent.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor for the first respondent.
3.The case of the petitioner is that on 20.10.2020 at about 16.30
hours, the petitioner herein was roaming in the road without wearing
mast at the time of prohibition due to COVID-19 pandemic. Hence, a
case in Crime No.1495 of 2020 for the offences punishable under Section
188 IPC r/w. 25(2) (A), 26(2) of Disaster Management Act, has been
registered. The present petition is filed to quash the First Information
Report in Crime No.1495 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.
5.Heard both sides.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No15404 of 2021
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.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.1495 of 2020 on the file of the
respondent is liable to be quashed and accordingly, the same is quashed.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No15404 of 2021
8.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
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police,
Silaiman 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)No15404 of 2021
G.ILANGOVAN. J.
TM
Crl.O.P.(MD)No.15404 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
