High Court of Punjab and HaryanaCRM-M/33691/2020allowed

Arun Sood v. State Of Punjab

2023-07-07Mr. Justice Deepak Gupta6 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH **** CRM-M-33691-2020 (O&M) Date of Decision: 07.07.2023 Arun Sood . . . . Petitioner Vs.

State of Punjab . . . . Respondent **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr. N.S. Vadhera, Advocate, for the petitioner. Mr. Parneet Singh Pandher, AAG, Punjab.

**** DEEPAK GUPTA, J.

Prayer in this petition filed under Section 482 Cr.P.C. is to quash FIR No.30 dated 02.05.2020 registered at Police Station Doraha, Police District Khanna, District Ludhiana under Sections 188 & 269 of the IPC and all the subsequent proceedings arising therefrom. 2.

FIR was lodged on the complaint of ASI Kulwinder Singh, as per which on 02.05.2020, when he along with other police officials was present at main chowk Doraha in connection with lock-down nakabandi, a Creta car came from the side of railway road, Doraha, which was signaled to be stopped. The driver was accompanied with two girls. The driver was apprised about the imposition of the lock-down to prevent the spread of pandemic Covid-19. However, feeling infuriated, driver sped away the car. He dropped the girls and came back again. On inquiry, he disclosed his name as Arun Sood (petitioner) and was advised to follow the Government instructions, but paying no heed, he again sped away. After completion of investigation, challan was filed.

It is contended by learned counsel for the petitioner that he was having valid curfew pass on the alleged date of occurrence. He did not violate any Government order. Besides provisions of Section 195 Cr.P.C. have not been complied, as cognizance cannot be taken on the police report for offence under Section 188 IPC. It is further argued that Section 269 IPC is not remotely made out against the petitioner, there being no allegation that the petitioner was positive with Covid-19 or any other disease so as to spread the same.

As per the report submitted by the respondent/State, after completion of investigation, challan has already been submitted before the learned trial Court for consideration of charge. 5.

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In the present case, admittedly the FIR has been lodged on the complaint of ASI Kulwinder Singh. It is alleged that the petitioner violated the Government instructions pertaining to lock-down, but no such order has either been referred to in the police report or in the FIR to show as to which specific instruction has been violated by the petitioner. 10.

The cognizance of offence under Section 188 IPC could have been taken on the complaint only of the public servant concerned or of some other public servant to whom he is administratively subordinate, whose order was disobeyed by the petitioner. However, in the present case, admittedly it is on the FIR lodged by ASI Kulwinder Singh that police prepared report under Section 173 Cr.PC and filed the challan. 11.

In view of the bar placed by Section 195 CrPC, the Magistrate cannot take cognizance on the challan filed by the Police for offence under Section 188 IPC.

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*+& "269. Negligent act likely to spread infection of disease dangerous to life. -Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

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In the present case, it is not the case of the respondent/State that the petitioner was suffering from corona virus or any other disease on the date of alleged offence, which could spread the infection to others and thus, ingredients of Section 269 IPC are completely missing. 18.

In view of the entire discussion above, this petition is hereby allowed. FIR No.30 dated 02.05.2020 registered at Police Station Doraha, Police District Khanna, District Ludhiana under Sections 188 & 269 of the IPC and all the subsequent proceedings arising therefrom are hereby quashed.

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Pending application(s), if any, shall also stands disposed of. (DEEPAK GUPTA) JUDGE 07.07.2023