Madras High Court
Siranjeevi vs State Represented By on 7 September, 2021
Crl.O.P.(MD) No.13028 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.13028 of 2021
and
Crl.M.P.(MD) No.6695 of 2021
Siranjeevi ... Petitioner
Vs.
1.State represented by
The Sub Inspector of Police,
Sindupatty Police Station,
Madurai District.
(In Crime No.669 of 2020)
2.Murugaraja . .. 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.669 of 2020 on the file of the 1st respondent dated
27.07.2020 and quash the same as illegal in respect of the petitioner.
For Petitioner : Mr.R.Venkatesan
For R1 : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl.Side)
ORDER
This petition is filed seeking quashment of Crime No.669 of 2020
on the file of the 1st respondent.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.13028 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 27.07.2020 at about 03.00
pm., 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.669 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.669 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 in the road.
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,
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.13028 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 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.
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 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 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 road during the pandemic period will spread the disease is without
any basis.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.13028 of 2021
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.669 of 2020 on the file of the 1st
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 07.09.2021
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
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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.13028 of 2021
To
1.The Sub Inspector of Police,
Sindupatty 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) No.13028 of 2021
G.ILANGOVAN. J.
mm
Crl.O.P.(MD) No.13028 of 2021
07.09.2021
https://www.mhc.tn.gov.in/judis/
