O R D E R

This Criminal Original Petition is filed seeking quashment of FIR in Crime No.502 of 2020 pending on the file of the first respondent/Inspector of Police, Jaihindpuram Police Station, Madurai District.

2. It is submitted by learned counsel for the petitioners that the defacto complainant / Police on account of Covid-19, the Police have promulgated 144 Cr.P.C proceedings prohibiting the gathering of four or more persons in a specified area.

3. According to the Police, that the petitioners were gathered in a house for worshipping despite the fact that a complete lockdown was effected across the State. On account of which, there was every possibility of spreading of corona, and based on a complaint given by the defacto complainant/police, a case was registered on 17.04.2020 against the petitioners in Crime No.502 of 2020 for the offences punishable under Sections 143, 269, 270 and 188 of IPC, and has effected arrest of the petitioners for violating 144 Section and of course for not wearing mask and violating social distances. The petitioners are arrayed as Accused Nos.2 to 20.

4. It is submitted by learned counsel for the petitioner that on

17.04.2020, the petitioners were gathered in a house only for a limited purpose of worshipping and there is nothing on record to show that the petitioners were found to be infected with Covid-19 virus. He further contended that as per Section 468(b) of Cr.P.C., the first respondent police failed to file report before the concerned Court within one year from the date of registration of FIR, i.e.,17.04.2020 and thereby, there is a bar to take cognizance of the offence after lapse of the period of limitation. The respondent Police have violated the procedure for registration of the crime and therefore, sought for quashing of FIR. 5. Before considering on other aspect alleged by the petitioner, it is to be seen that this offence was conducted during pandemic period. Whatever, directions be passed from time to time by the various authorities, they are aimed at only to maintain norms and guidelines issued during the Covid-19 period with the intention to see that Covid-19 is not spread among general people. One of such guidelines was to maintain social distance and cover the nose and mouth with proper masks. But, these orders like promulgation of 144 of Cr.P.C and other similar orders are only preventive measures. In our Indian Culture, more particularly, this part of the Country, people are socially, culturally, religiously and politically very active. Therefore, people should not be found fault for such small violations.

6. This case is registered on 17th April, 2020, is being more than three years four months ago. Still, charge sheet is not filed so far. As the offences alleged against the petitioners are not so serious, the period of three years and four months certainly too long, which is one of the grounds to consider quashment of charge sheet.

7. The petitioner is charged with for the offence under Sections

143, 269, 270 and 188 of I.P.C. Section 188 of C.P.C speaks that the person, who disobey the order promulgated by a public servant can be punished with imprisonment for maximum one month with fine which may extend to 200 Rupees. However, as per Section 195 (1) (a) (i) no Court shall take cognizance of the offence in respect of the offence punishable under Sections 170 to 188 of I.P.C., except on a complaint in writing by the public servant, who has promulgated. In the case on hand, the public servant who has promulgated the orders has not made any such complaint before the Police. On the face of it, the Police cannot charge the petitioners under Section 188 of I.P.C.

8. Section 269 of I.P.C speaks about the negligent act which a person knows that his/her act likely to spread the infection of any disease dangers to life thereby punished with imprisonment, which may extend to six months or with fine or both.

9. As per Section 270 of I.P.C., whoever malignantly does an act which he knows th