Madras High Court
Halumanthraj vs State Rep. By on 27 September, 2021
CRL OP (MD) No. 14381 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Crl.O.P (MD) No.14381 of 2021
and Crl.M.P(MD) No.7556 of 2021
Halumanthraj ... Petitioner/Sole Accused
-Vs-
1. State rep. by
The Inspector of Police,
Thuckalay Police Station,
Kanniyakumari District.
(Crime No.482 of 2020) ... 1st Respondent/Complainant
2.Ramesh ... 2nd Respondent/Defacto Complainant
PRAYER: The Criminal Original Petition is filed under Section 482 of the Code
of Criminal Procedure, to call for the records of the FIR in Crime No.482 of 2020
on the file of the 1st respondent and quash the same.
For Petitioner : Mr.S.Muniyandi
For Respondent : Mr.K.Sanjai Gandhi for R1
Government Advocate (Crl. Side)
1/6
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CRL OP (MD) No. 14381 of 2021
ORDER
This petition is filed seeking quashment of Crime No.482 of 2020 on the
file of the respondent.
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 24.04.2020 at about 11.30 a.m., the
petitioner herein was roaming in the road in his two wheeler bearing registration
No.TN 75 U 8706 at the time of prohibition due to COVID-19 pandemic. Hence,
a case in Crime No.482 of 2020 for the offences punishable under Sections 188
and 269 of IPC r/w Section 3 of Epidemic Decease Act – 1897 r/w. 51(b) of
Disaster Management Act 2005 has been registered. The present petition is filed
to quash the First Information Report in Crime No.482 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
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CRL OP (MD) No. 14381 of 2021
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, 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
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CRL OP (MD) No. 14381 of 2021
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.
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.482 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.
27.09.2021
Internet : Yes / No
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CRL OP (MD) No. 14381 of 2021
Index : 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,
Thuckalay Police Station,
Kanniyakumari District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/
CRL OP (MD) No. 14381 of 2021
G.ILANGOVAN, J.
TM
CRL OP (MD) No.14381 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
