Madras High Court
M.Manikandan vs The Sub Inspector Of Police on 3 September, 2021
Crl.O.P.(MD) No.12760 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.12760 of 2021
and
Crl.M.P.(MD) No.6563 of 2021
M.Manikandan ... Petitioner
Vs.
The Sub Inspector of Police,
Otapidaram Police Station,
Thoothukudi District. . .. Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the FIR in Crime No.223 of
2020 on the file of the respondent and quash the same as illegal in
respect of the petitioner.
For Petitioner : Mr.P.Banuprasath
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl.Side)
ORDER
This petition is filed seeking quashment of Crime No.223 of 2020
on the file of the respondent.
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Crl.O.P.(MD) No.12760 of 2021
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor (Crl.Side) for the respondent.
3.The case of the petitioner is that on 04.06.2020 at about 12.00
pm., the petitioner herein was roaming in the road by using his two
wheeler bearing Reg.No.TN 69 AJ 6437 at the time of prohibition due to
COVID-19 pandemic. Hence, a case in Crime No.223 of 2020 for the
offences punishable under Sections 188 and 270 of IPC has been
registered. The present petition is filed to quash the First Information
Report in Crime No.223 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. Section 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 around the area.
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,
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Crl.O.P.(MD) No.12760 of 2021
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 Section 270 IPC is concerned, as per the
contents of the First Information Report, it is seen that the petitioner was
simply roaming around 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 that at the time of the incident, the
petitioner was affected by COVID-19. So the contention that roaming
around the area during the pandemic period will spread the disease is
without any basis.
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Crl.O.P.(MD) No.12760 of 2021
8.Considering the unintentional act of the petitioner as well as the
nature of allegations and the offences involved in this case, I am of the
considered view that roaming around the area without any reason should
not be a reason for spoiling the future of the petitioner. Moreover, it is
also brought to the notice of this Court that the petitioner was
participated in the police recruitment and has successfully completed
written and physical exams and now, medical verification is going on.
Further, 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.223 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.
Index : Yes/No 03.09.2021
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
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Crl.O.P.(MD) No.12760 of 2021
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 Sub Inspector of Police,
Otapidaram Police Station,
Thoothukudi District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.12760 of 2021
G.ILANGOVAN. J.
mm
Crl.O.P.(MD) No.12760 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
