Rajasekar @ Rajasekaran vs State Represented By
2023 Latest Caselaw 2038 Mad

                                                                           Crl.O.P.(MD).No.2329 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.03.2023

                                                      CORAM

                                  THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                         Crl.O.P.(MD).No.2329 of 2023
                                                    and
                                    Crl.M.P.(MD)Nos.2102 and 2105 of 2023

                     Rajasekar @ Rajasekaran                   ... Petitioners/Accused No.4

                                                         Vs.

                     State Represented by,
                     The Inspector of Police,
                     Sessions Court Police Station,
                     Trichy.
                       (Crime No.527 of 2021)                  ...Respondent/Complainant




                     PRAYER : Criminal Original Petition filed under Section 482 of the
                     Criminal Procedure Code, to call for the records in C.C.No.715 of 2022
                     on the file of the Learned Judicial Magistrate, No.II, Trichy and quash
                     the same in respect of the Petitioner is concerned.

                                    For Petitioners     : Mr.Ebenezer.T.A.

                                    For R1 and R2       : Mr.B.Nambiselvan
                                                          Additional Public Prosecutor.




                     1/6

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.(MD).No.2329 of 2023

                                                            ORDER

This Criminal Original Petition has been filed to quash the charge

sheet filed in C.C.No.715 of 2022 on the file of the Learned Judicial

Magistrate, No.II, Trichy, in respect of the Petitioner is concerned.

2.Heard the learned counsel for the petitioner and the learned

Additional Public Prosecutor for the first respondent.

3.The learned counsel for the petitioner would submit that FIR was

registered against this petitioner in Crime No.527 of 2021 for the

offences punishable under Sections 143, 188, 269, 270 of IPC, in which

the petitioner is arrayed as fourth accused. Thereafter, after completing

the investigation, final report was filed before the learned Judicial

magistrate No.II, Trichy, for the offences punishable under Sections 143,

188, 269, 270 IPC r/w. 41(6)(a) of TNCP Act and Section 3 of Epidemic

Diseases Act 1897 r/w 134, 135 Tamil Nadu Public Health Act, 1939 nd

51(B) of Disaster Management Act -2005, which was taken cognizance

in C.C.No.715 of 2022. Seeking quashment of the same, this petition has

been filed.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.2329 of 2023

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.

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.

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.

6.Considering the nature of allegations and the offences involved

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.2329 of 2023

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 decided 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 proceedings in C.C.No.715 of 2022 on the file of the Learned

Judicial Magistrate, No.II, Trichy is liable to be quashed and

accordingly, the same is quashed.

7.In the result, this petition is allowed. Consequently, connected

miscellaneous petition is closed.

                                                                                   08.03.2023
                     NCC                :     Yes / No
                     Index              :     Yes / No
                     Internet           :     Yes / No
                     TM

                     To

1.The Judicial Magistrate No.II, Trichy.

2.The Inspector of Police, Sessions Court Police Station, Trichy.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.2329 of 2023

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.2329 of 2023

G.ILANGOVAN,J.

TM

Crl.O.P.(MD).No.2329 of 2023 and Crl.M.P.(MD)Nos.2102,2105 of 2023

08.03.2023

https://www.mhc.tn.gov.in/judis