Madras High Court
Sanjay vs The Sub Inspector Of Police on 22 October, 2021
CRL.O.P.No.18808 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.18808 of 2021
and
Crl.M.P.No.10337 of 2021
Sanjay ... Petitioner
Versus
State by:
The Sub Inspector of Police,
Manavalanagar Police Station,
Tiruvallur – 602 002 ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records and quash the
proceedings as against the petitioner in Crime No.1455 of 2020, pending
on the file of the respondent.
For Petitioner : Mr.M.Mohamed Riyaz
For Respondent : Mr.A.Damodaran,
Additional Public Prosecutor
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.18808 of 2021
ORDER
This petition has been filed to quash the First Information report in
Crime No.1455 of 2020, dated 05.07.2020 on the file of the respondent
police.
2. The case of the prosecution is that during the pandemic period,
while the Government's Prohibitory Order under Section 144 Cr.P.C. was
in force, the petitioner was roaming around the area in his two wheeler
bearing Reg.No.TN 20 CQ 5224. So, on the basis of the complaint given
by the Sub Inspector of Police, Manavala Nagar Police Station, a case
has been registered against the petitioner for the offences punishable
under Sections 188 and 269 of IPC r/w. Section 51 of Disaster
management Act 2005.
3. The learned counsel for the petitioner would submit that Section
188 IPC is a non-cognizable offence and the police has no right to
register the case and Section 269 IPC is concerned, there is no intention
on the part of the petitioner to spread the disease to another and simply
he was riding the two wheeler in that area. Hence, the Crime No.1455 of
2020 pending on the file of the respondent police is liable to be quashed.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.18808 of 2021
4. Heard both sides and perused the materials available on records
carefully.
5. In the Judgment reported in the case of Jeevanandhan and
others /vs/ State rep. by Inspector of Police, Velayuthampalayam Police
Station, Karur District and another reported in 2018(2) L.W. (Crl.)
606 , 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.
6. The offence under Section 269 IPC r/w. Section 51 of Disaster
Management Act, 2005 is concerned, as per the contents of the First
Information Report, it is seen that the petitioner was simply riding a two
wheeler. It is a trivial matter , in which, no offence of grievous nature is
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.18808 of 2021
involved. Even though Section 144 of 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 riding along the street
during the pandemic period though may be wrong, considering the nature
of allegations and offences involved in this case, this Court is of the
considered view that riding along the street in a two wheeler should not
be a reason for spoiling the future of the petitioner. Un-intended casual
act should not take away the future of the petitioner. More over, it is also
brought to the notice of this Court that the Government is proposed and
committed to drop all these cases, which have been registered during the
pandemic period against the public. Taking all these aspects into account,
this Court is of the considered view that the First Information Report in
Crime No.1455 of 2020 on the file of the respondent is liable to be
quashed.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.18808 of 2021
7. Accordingly, the case in Crime No.1455 of 2020 on the file of
the respondent police is hereby quashed and this Criminal Original
Petition is allowed. Consequently, connected miscellaneous petition is
closed.
22.10.2021
Index: Yes/No
mrp
To
1. The Sub Inspector of Police,
Manavalanagar Police Station,
Tiruvallur – 602 002
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.18808 of 2021
M.NIRMAL KUMAR, J.
mrp
CRL.O.P.No.18808 of 2021
and Crl.M.P.No.10337 of 2021
22.10.2021
https://www.mhc.tn.gov.in/judis
