Madras High Court
Surya Teja.G @ Suryadeva vs The State Rep By on 29 September, 2021
Crl.O.P.(MD)No.14608 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.14608 of 2021
and
Crl.M.P.(MD)No.7717 of 2021
Surya Teja.G @ Suryadeva ... Petitioner
Vs.
1.The State Rep by
The Inspector of Police,
Melur Police Station,
Madurai District.
In Cr.No. 1568 of 2020
2. A.Jeyakumar,
Special Sub Inspector of Police,
Melur Police Station,
Madurai District. .. Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the Crime No.1568 of 2020
for the alleged offence under Section 188 of Indian Penal Court and
Sections 25 (2) & 26 (2) of Disaster Management Act, 2005 pending on
the file of the 1st respondent Police and quash the same.
For Petitioner : Mr.R.Aravind Raj
For Respondents : Mr.R.M.S.Sethuraman
Additional Public Prosecutor
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Crl.O.P.(MD)No.14608 of 2021
ORDER
This Criminal Original Petition is filed seeking a direction to
quash the First Information Report in Crime No.1568 of 2020 for the
alleged offence under Section 188 of Indian Penal Code and Sections 25
(2) & 26 (2) of Disaster Management Act, 2005, pending on the file of
the 1st respondent Police.
2.Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor (Crl.Side) for the respondents.
3.The case of the petitioner is that on 08.08.2020, at about
07.00 p.m., 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.1568 of 2020, for the offence punishable
under Section 188 of Indian Penal Code and Sections 25 (2) & 26 (2) of
Disaster Management Act, 2005, has been registered on the same day,
after getting permission from the Superintendent of Police, Madurai. The
present petition is filed to quash the First Information Report in Crime
No.1568 of 2020.
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Crl.O.P.(MD)No.14608 of 2021
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. Sections 25 (2) & 26 (2) of Disaster Management Act,
2005, is also not attracted.
5.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.
6. 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. As per the contents of the First Information Report,
it is seen that the petitioner was simply roaming in the road without
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Crl.O.P.(MD)No.14608 of 2021
wearing mask. 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 respondents 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.
7. 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.
Unintended casual act should not take away the future of the petitioner.
Moreover, it is also brought to the notice of this Court that 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 in Crime No.1568 of 2020 on the file of the
respondent police is liable to be quashed and the same is quashed.
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Crl.O.P.(MD)No.14608 of 2021
8. In fine, this Criminal Original Petition is allowed. Consequently,
connected miscellaneous petition is closed.
Index : Yes/No 29.09.2021
Internet : Yes/No
Ls
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,
Melur Police Station,
Madurai District.
In Cr.No. 1568 of 2020
2. A.Jeyakumar,
Special Sub Inspector of Police,
Melur Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
G.ILANGOVAN. J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14608 of 2021
Ls
Crl.O.P.(MD)No.14608 of 2021
29.09.2021
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