Madras High CourtCRL OP(MD)/2461/2022allowed

Asbert Nuwton @ Newton v. The Sub Inspector Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2461 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2461 of 2022 and Crl.M.P(MD)No.1811 of 2022 Asbert Nuwton @ Newton ... Petitioner/ Sole Accused Vs.

1.The State represented by The Sub Inspector of Police, Ethamozhi Police Station, Kanyakumari District.

(In Crime No.47 of 2020) ... 1st Respondent/ Complainant 2.Mohanakumar, The Sub Inspector of Police, Ethamozhi Police Station, Kanniyakumari District.

... 2nd Respondent/ De-facto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.47 of 2020 on the file of the Respondent No.I, dated 30.03.2020 and quash the same in respect of the petitioner as illegal.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) for R.1

ORDER

The learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the first respondent.

2. The case of the prosecution is that on 30.03.2020, the petitioner is roaming in a two wheeler in violation of the lock down restrictions. Hence, the FIR was registered for the offences under Sections 188 and 216 IPC. The respondent could not have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2461 of 2022 registered an FIR for the offence under Section 188 IPC as it runs counter to the ratio laid down in 2018 2 Law Weekly Crl.606 (Jeevanandham and others Vs. State). Even according to the prosecution, the accused was not suffering from any infectious disease. Therefore, Section 269 IPC also could not have been invoked. The impugned FIR is not clearly maintainable. It stands quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Mga 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.

1. The Sub Inspector of Police, Ethamozhi Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.2461 of 2022 04.02.2022 USK/23.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2