Madras High Court
Kannan vs State Rep. By on 22 September, 2021
Crl.O.P.(MD) No.14042 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.14042 of 2021
and
Crl.M.P.(MD) Nos.7361 of 2021
Kannan ... Petitioner
Vs.
State rep. by
The Sub-Inspector of Police,
Pazhavoor Police Station.
(Crime No.96 of 2020) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records relating to the FIR in Crime No.96 of 2020
dated 20.04.2020 on the file of the respondent police and to quash the
same in respect of the petitioner.
For Petitioner : Mr.K.Sudalaiyandi
For Respondent : Mr.K.Sanjai Gandhi
Government Advocate (Crl.Side)
ORDER
This petition is filed seeking quashment of Crime No.96 of 2020
on the file of the respondent.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.14042 of 2021
2.Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) for the respondent.
3.The case of the petitioner is that on 20.04.2020 at about 18.00
hours, the petitioner herein was roaming in the road in his two wheeler
bearing registration No.TN 72 AT 9120 at the time of prohibition due to
COVID-19 pandemic. Hence, a case in Crime No.96 of 2020 for the
offences punishable under Sections 188 and 269 of IPC has been
registered. The present petition is filed to quash the First Information
Report in Crime No.96 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 269 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.14042 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 269 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.14042 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.96 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 22.09.2021
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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.14042 of 2021
To
1.The Sub-Inspector of Police,
Pazhavoor Police Station.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD) No.14042 of 2021
G.ILANGOVAN. J.
TM
Crl.O.P.(MD) No.14042 of 2021
22.09.2021
https://www.mhc.tn.gov.in/judis/
