O R D E R

This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records relating to C.C.No.17 of 2022 for the offence under Section 269, 270, 294(b), 353, 506(i) and 188 I.P.C, pending on the file of the Judicial Magistrate No.II, Walajapet and quash the same with regard to the petitioner.

2.The crux of the allegation in the Final Report is that the petitioner, during Covid pandemic, despite prohibitory order, went to the bus stand to buy medicine for his son, thereby, F.I.R. has been registered and C.C.No.17 of 2022 for the offence under Section 269, 270, 294(b), 353, 506(i) and 188 I.P.C came to be filed against him and pending on the file of learned Judicial Magistrate No.II, Walajapet.

3.Heard Mr.T.Muruganantham, learned counsel appearing for petitioner and the learned Government Advocae appearing for respondents and perused the materials.

4. The offences are under Sections 269, 270, 294(b), 353, 506(i)

and 188 I.P.C. As far as Sec.188 of I.P.C. is concerned, no courts shall take cognizance of offence except on a complaint made by a public servant. In fact, it is a complaint procedure, the police cannot investigate directly. As far as Sec.269 of I.P.C. is concerned, except the allegation that the petitioner, despite prohibitory order, had gone to the medical shop to purchase medicines during COVID pandemic, and he has been charged for the alleged offence. It is not the case of prosecution that the petitioner has infected with COVID, thereby his act is amounting to spread the disease. In the absence of any such materials that the petitioner is infected with COVID, which will likely to spread to others, and contacted the people who were infected with COVID, the prohibitory order does not constitute an offence.

5.In such view of the matter, no purpose would be served in continuing the final report. Hence, the same is liable to be quashed.

N.SATHISH KUMAR, J.

kas Accordingly, this Criminal Original Petition is allowed and the C.C.N0.17 of 2022 pending on the file of the Judicial Magistrate No.II, Walajapet is hereby quash as against the petitioner. Consequently, the connected Criminal Miscellaneous Petitions are closed.

18.07.2022 Index: Yes / No Internet : Yes / No Speaking / Non Speaking order To.

1.The Judicial Magistrate No.II, Walajapet

2.The Inspector of Police, Wallahapet Police Station, Vellore District.

3.The Public Prosecutor High Court of Madras Chennai 600 104.

CRL.O.P.No.16351 of 2022