Madras High CourtCRL OP(MD)/20715/2021allowed

M. Sakthivel v. The Sub Inspector Of Police

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20715 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20715 of 2021 and Crl.M.P.(MD)No.11805 of 2021 M.Sakthivel ... Petitioner / Sole Accused Vs The State of Tamil Nadu rep. by The Sub Inspector of Police, Melur Police Station, Madurai District.

(Crime No.1192 of 2020) ... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to FIR in Crime no.1192 of 2020 on the file of the respondent and quash the same as against the petitioner.

For Petitioner : Mr.N.kamesh For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel on either side.

2. The impugned FIR has been registered for the offence under Section 188 of IPC on the ground that the petitioner violated the lock down restriction on 08.07.2020.

3. It is well settled that the police cannot straight away register an FIR for the offence under Section 188 of IPC. It was so held in Jeevanandham Vs. State (2018 2 Law Weekly Crl. 606). In the copy of the complaint, there is a reference to Sections 25(2)(a) and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20715 of 2021 26(2) of the Disaster Management Act, 2005. A reading of the said provision would indicate that they are not penal provisions. The very registration of the impugned FIR is illegal. It stands quashed.

This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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 Sub Inspector of Police, Melur Police Station, Madurai District.

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

Crl.O.P(MD)No.20715 of 2021 23.12.2021 MGJ(10.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2