APURVA GHIY Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) The petitioner is a young medical graduate. She after passing her graduate examination (MBBS), decided to prepare for civil services examination and was staying at New Delhi since last few months and meanwhile, in March, 2019, COVID-19 stepped- in followed by countrywide lock-down and closure of transport facility and she was strained at New Delhi. When the position eased, she applied for issuance of E-pass for travelling from New Delhi to the State of Chhattisgarh to her home town situated at Ambagarh Chowki, District Rajnandgaon and accordingly, she was granted E-pass by the State of Chhattisgarh. She reached Rajnandgaon on 7-6-2020 and next day, she got herself examined at Community Health Centre, Ambagarh Chowki and also informed the Chief Medical & Health Officer, Rajnandgaon on 10-6-2020 about her arrival, but she failed to inform to the Chief Municipal Officer, Nagar Panchayat, Ambagarh Chowki ? respondent No.3 herein, about her arrival from New Delhi that she came from other State as required by the order dated 18-5-2020 passed by the Collector- cum-District Magistrate, Rajnandgaon and thereafter, she was also tested Corona positive pursuant to which on 18-6-2020, respondent No.3 ? Chief Municipal Officer, Nagar Panchayat, Ambagarh Chowki, lodged first information report (FIR) at Police Station: Ambagarh Chowki informing that though she reached from New Delhi to Ambagarh Chowki, Distt. Rajnandgaon, on 7-6-2020, but she did not inform the same as mandated by the Collector and she has been tested Corona positive and she has been admitted in the hospital, as such, offence under Section 188 of the IPC be registered against her and therefore action be taken against her pursuant to which FIR No.112/2020 dated 18-6-2020 has been registered by Police Station: Ambagarh Chowki for offence under Section 188 of the IPC which is sought to be quashed in this writ petition by the petitioner herein.

(3.) The petitioner seeks quashment of above-stated FIR principally on the ground that by virtue of the provision contained in Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973 (for short, 'the Code'), for offence under Section 188 of the IPC, no cognizance can be taken by the Magistrate unless complaint in writing is made by the public servant concerned and therefore police cannot register FIR under Section 154 of the Code and investigate the case and thereafter, file complaint, as such, since cognizance of the offence can be taken in a particular manner on a complaint filed by the public servant, cognizance of the offence under Section 188 of the IPC on the police report is absolutely barred and therefore no FIR under Section 154 of the Code can be registered for offence punishable under Section 188 of the IPC. It has also been pleaded that the order dated 18-5-2020 was never promulgated by the Collector in the official gazette or by beat of drum, therefore, she did not have information about the same and as such she could not inform the Collector about her arrival though she herself submitted her for medical examination on the next day of her arrival, on 8-6-2020 which is apparent from the documents Annexures P-3 & P-5, however, it is a pure and simple technical error and the State is having complete information as she came from Delhi to Rajnandgaon after E- pass having been granted by the State Government, therefore, for technical omission of not informing to the Chief Municipal Officer, Nagar Panchayat, Ambagarh Chowki who is an officer subordinate to the State Government / District Collector, it cannot be held that she has omitted to comply the order dated 18-5-2020 issued by the Collector. Even otherwise, respondent No.3 Chief Municpal Officer being subordinate to the Collector cannot make report / lodge FIR for offence under Section 188 of the IPC, as such, the FIR deserves to be quashed in the light of the judgment rendered by the Supreme Court in the matter of State of Haryana and others v. Bhajan Lal and others 1992 Supp (1) SCC 335.