CHETAN TAMRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein seeks quashment of FIR registered in Crime No.182/2020 at Police StationKoni, Distt.Bilaspur offence punishable under Section 3 of the Epidemic Diseases Act, 1897 (hereinafter called as 'the Act of 1897') punishable under Section 188 of the IPC on the following factual backdrop:- (2.1) That, on 17.8.2020 the petitioner was on his way to Bhopal for second part of the selection process conducted by Indian Army Services, in the meanwhile, he was reported corona positive and thereby he returned from Durg to Bilaspur and he was admitted to Isolation Center at Chitrakot Hostel of Pandit Sunderlal Sharma University, Bilaspur (hereinafter called as "Isolation Center") on 18.8.2020. It is the case of the petitioner that though he was completely asymptomatic, he was admitted to the Isolation Center which was in the poorest condition with no bed-sheets on beds, dirty toilets, unhygienic food and environment, no nets on the windows to prevent insects and mosquitoes and even without power backup and despite having been requested to the authorities to discharge him or to get it admitted in the better isolation center, the authorities did not give any attention and ultimately, he was shifted to separate room on 19.8.2020. It is further case of the petitioner that he was mistreated by the staff of the hospital and denied food & medication timely and in a state of helplessness, the petitioner hit his hand on partition glass of Isolation Center and injured himself and consequently, respondent NO.3 herein, who is incharge of COVID Isolation Center, lodged FIR for offence under Section 3 of the Act of 1897 which is punishable under Section 188 of the IPC stating inter-alia that he has misbeheaved with hospital authorities and broken partition glass and got himself injured and he has been referred to District Hospital, Bilaspur for further treatment, as such, he has committed an offence punishable under Section 3 of the Act of 1897, upon which, first information report has been registered, which has been sought to be challenged by way of this petition under Section 482 of the CrPC.

(2.) Respondents No.1 and 2 have filed the return stating inter-alia that the petitioner was treated properly and accepting his request, he was given separate room on 20.8.2020 and at the time of breakfast/medicine distribution, he has broken partition glass of the said COVID-19 Isolation Center and caused damage to the Government property worth ? 2000/-. It has also been submitted that Section 195(1)(a)(i) of the CrPC bars taking cognizance for the offence, but does not bar the investigation of the cognizable offence, which the police authorities are empowered to investigate, as such, the petition under Section 482 of the CrPC deserves to be dismissed.

(3.) No return has been filed on behalf of respondent No.3.